Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44754 of 2021 Applicant :- Saroj Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard 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. 605 of 2021, under Sections 328, 363, 365, 370 and 411 I.P.C., Police Station- Loni, District- Ghaziabad, during pendency of trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next submitted that during the course of investigation 8 persons including the applicant has been implicated in the said case by the police on the basis of some money which have been recovered from the accused persons. It is next contended that the alleged recovery of Rs. 10,000/- belongs to the applicant. It is also submitted that there is no compliance of Section 100 Cr.P.C which is mandatory in nature. The first information report has been lodged against unknown persons. The applicant is not named in the first information report. It is further submitted that the victim boy aged about 15 days has been recovered from the possession of co-accused Jyoti. It has also been submitted that co-accused namely, Jyoti, has already been enlarged on bail by the Coordinate Bench of this Court vide orders dated 19.8.2021 in Criminal Misc. Bail Application Nos. 29009 of 2021, the case of the applicant stands of better footing than the co- accused Jyoti, hence the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is in jail since 22.5.2021 and has no criminal history and if she is released on bail, there is no chance of her absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
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, Saroj who is involved in aforesaid crime be released on bail on her 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. She will not tamper with the witnesses.
3. She 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 :- 28.10.2021/Akbar
Digitally signed by Justice Rajiv Joshi Date: 2021.10.28 17:19:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad