Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15567 of 2021 Applicant :- Swami Nityanand Ji Maharaj Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Agarwal Counsel for Opposite Party :- G.A.,Sanjay Kumar Dubey
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learnd AGA for the State, Sri Sanjay Kumar Dubey, learned counsel for the informant and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that it is a property dispute and Swami Parmanand and his associates are trying to dispossess the applicant from his legally owned property. It is also contended that a concocted and false story has been set up by the prosecution whereas the applicant did not commit any offence as alleged. The applicant has criminal history of two cases, which he has mentioned in paragraph-20 of the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. 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 27.8.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.30 17:33:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Swami Nityanand Ji Maharaj involved in Case Crime No. 292 of 2019, under Sections 420, 467 and 468 IPC, Police Station Sumerpur, District Hamirpur be released on bail, on his executing a personal bond and two sureties of Rs. Two Lakh each, with the following conditions:
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. The trial court will take endeavour to conclude the trial expeditiously, preferably within six months from the date of production of a copy of this order, if there is no legal impediment.
In case of breach 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 :- 30.7.2021 Digamber