Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15827 of 2021 Applicant :- Satish @ Kalla Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Vinay Kumar, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The instant bail application has been preferred by the accused- applicant seeking bail in Case Crime No. 27 of 2021, under Section 399, 402 I.P.C., registered at Police Station Shikohabad, District Firozabad during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. It is further submitted that no identification parade was conducted during the course of the investigation, which could establish the identity of the applicant to be involved or participated in the present crime. It is further submitted that the false recovery has been made against the applicant and there is no independent witness of the alleged recovery. The criminal history of the applicant has been explained in para- 14 of the affidavit filed in support of the bail application. It is next submitted that co-accused Kripal, Grish, Balvir and Praveen Yadav have been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 17109 of 2021 and 1552 of 2021 vide orders dated 28.5.2021 and 22.06.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 11.01.2021. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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.
Let the applicant, Satish @ Kalla, 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 :- 13.8.2021 S.P.