Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21755 of 2018 Applicant :- Shahrukh Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Deo Rai,Rajeev Giri,Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Vijay Pratap Singh, 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 seeking bail in Case Crime No.164 of 2018, under Section 307 I.P.C., Police Station Dadari, District Gautam Budh Nagar during the pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. As per first information report one co-accused fired upon the police personnel as a result there of one Constable, Udit Rathi has been injured. It is further submitted that he was not arrested at the spot, the applicant was accompanied with co- accused, Mustakeem but he ran away. It is also submitted that the injury sustained to the Constable is although grievous but superficial on the upper abdomen and no specific role of firing has been assigned to the applicant. Lastly it is contended that the applicant is in jail since 23.02.2018 having criminal history of four cases, which has been explained in paragraph no.6 of the supplementary affidavit and in all the cases he is on bail, the trial has yet not been started, and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has 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, Shahrukh, 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 :- 12.8.2021 S.P.