Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32762 of 2021 Applicant :- Sardar @ Saudan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Ref: Order on Exemption Application No. 1 of 2021 Application is allowed.
Applicant is exempted from filing certified copy of the FIR dated 18.2.2020.
Ref: Order on Bail Application Heard Sri Azhar Hussain, learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 113 of 2020, under Sections 147, 148, 332, 353, 336, 392, 307, 506 IPC and 7 Criminal Law Amendment Act, Police Station Eatmaddaula, District Agra, during pendency of trial.
It is submitted by learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that there are general allegations and no specific role has been assigned to the applicant and a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. Learned counsel for the applicant further submits that co-accused Malkhan Singh and Chandresh have been released on bail by this Court vide orders dated 25.1.2021 and 16.3.2021 passed in Crl. Misc. Bail Application No. 45119 of 2020 and 3164 of 2021. The case of the applicant stands on identical footing, hence the applicant is entitled for bail on the ground of parity. The applicant is in jail since 12.7.2020 having criminal history of one case which has been explained in paragraph no.10 to the affidavit filed in support of the bail application.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Sardar @ Saudan Singh who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 Akbar