Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24638 of 2021 Applicant :- Shyamu Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.405 of 2020, under Sections 363, 366, 120-B IPC, P.S.-Kotwali, Distirct-Fatehpur, during the pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It has further been submitted that the co-accused Buddi and Shamshad @ Sunny having identical role have already been released on bail by co-ordinate Bench of this Court vide orders dated 25.1.2021 each in Criminal Misc.Bail Application Nos.28107 of 2020 and 28249 of 2020, therefore, applicant is also entitled for bail on the ground of parity. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 25.7.2020.
Per contra, learned Additional Government Advocate has vehemently opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that it is a fit case to release the applicant on bail. Hence, the bail application is hereby allowed.
Let the applicant-Shyamu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it along with a self attested identity proof of the said person(s) (preferably AADHAR card) mentioning the mobile number(s) to which the said AADHAR card is linked.
The concerned court/authority/official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 LN Tripathi