Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34591 of 2021 Applicant :- Shiv Prasad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today by learned counsel for the applicants is taken on record.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of this application, the applicants, who are involved in Case Crime No. 46 of 2003 under Sections 419, 420, 467, 468, 471 I.P.C., police station Harraiya, District Basti, are seeking enlargement on bail.
It is submitted by learned counsel for applicants that the First Information Report was lodged on the basis of application moved under Section 156 (3) Cr.P.C. with the allegation that the firt applicant Shiv Prasad by forging a fraud with the help of other co-accused got executed the sale deed in his favour by impersonation. It is further contended that the applicant no. 2 Kuchchuram is the marginal witness of the sale deed in question. It is further contended that the entire case is forged, the name of the applicant no. 1 has been recorded in the revenue record and the objection filed by the informant was not pressed by him and even no civil suit has been filed by the informant for cancellation of the sale deed. It is further contended by learned counsel for the applicant that the offence is triable by Magistrate and charge-sheet has already been filed on 29.12.2003 and the investigation in the matter has already been completed. It is further contended by learned counsel for the applicant that the applicant no. 2 is old person aged about 72 years and is 100% blind. It is further contended that the applicant no. 2 is aged about 72 years and is suffering from neurological disease. The applicants are languishing in jail since 29.07.2021 having no criminal history as stated in paragraph-22 of the affidavit filed in support of the bail application. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 applicants, Shiv Prasad and Kuchchuram involved in aforesaid crime be released on bail on their furnishing personal bonds 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 applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 applicants 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 :- 27.9.2021 Shiraz