The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsels are appearing on behalf of their respective parties in the Court, the Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant.
Heard Sri Suneel Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.907 of 2020, under Sections 302 and 120-B I.P.C., P.S. Civil Lines, District-Moradabad and is in jail since 23.09.2020, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the death of his son by accused persons. It was alleged in the F.I.R. that son of the complainant Ranjeet had disappeared on 14.06.2020 at about 5.30 A.M. and later on he was found dead.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case; there is no direct evidence against the present applicant; name of the applicant has surfaced in the confessional statement of co-accused Smt. Guddi and Vaishali, who have been granted bail by this Court vide orders dated 22.03.2021 and 26.07.2021 passed in Criminal Misc. Bail Application Nos.33511 of 2020 and 45565 of 2020.
He lastly submitted that the applicant has no criminal antecedents to his credit and he is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Shukla Ji Alias Vineet Kumar Shukla be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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 :- 24.8.2021 Asha