Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28290 of 2021 Applicant :- Vijay Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Upadhyay,Rishabh Kumar Pandey,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard 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 Vijay with a prayer to release him on bail in Case Crime No.366 of 2018, under Sections 420, 467, 468, 471, 120- B I.P.C., 39 Aadhar Card Act, 2016 and 66(C) IT Act and 3/7 Essential Commodities Act, P.S. Sadar Bazaar, District Meerut, during pendency of the trial.
Learned counsel for the applicant submits that the applicant has been implicated in fifteen cases in same section within a week. It is argued that he has been granted bail in twelve cases on the same facts of case as alleged in the present FIR.
It is further argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. It has been submitted that name of the applicant surfaced in the confessional statement of co-accused - Shahnawaz who has been granted bail by co-ordinate Bench of this Court vide order dated 12.03.2021 passed in Criminal Misc. Bail Application No.9390 of 2021. It is next submitted that applicant has no criminal history prior to the present case but has been falsely implicated in several other matters which is identical in nature. There is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 05.01.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Vijay 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
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 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 :- 12.8.2021 Shahroz