Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18209 of 2021 Applicant :- Smt. Shashi Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Pankaj Sharma
Hon'ble Rajiv Joshi,J.
Heard Sri Sanjay Kumar Dwivedi, 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.0016 of 2021, under Sections 147, 148, 149, 307, 34, 504, 506 I.P.C., Police Station Magorrah, District Mathura 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 F.I.R. the co-accused Avadhesh fired at the family members of the informant in which nephew of the informant, Ravindra sustained injuries. It is further submitted that the role of firing has not been assigned to the applicant but the role assigned to the applicant is of exhortation. He also submits that the co- accused, Avadhesh has already been released on bail by a coordinate bench of this Court vide order dated 25.06.2021 in Criminal Misc. Bail Application No.18157 of 2021. Lastly it is contended that the applicant is in jail since 15.02.2021 having no criminal history to her credit as stated in paragraph no.14 of the affidavit and in case she is released on bail, she 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, Smt. Shashi, 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. 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 :- 16.8.2021 S.P.