Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23839 of 2021 Applicant :- Vinay Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Pavan Kumar Singh, learned AGA for the State 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. He is innocent and has no criminal antecedent. It is further submitted the applicant did not commit any fraud in obtaining loan and he has also paid the entire due amount of loan. A copy of the payment paid certificate issued by the Bank dated 17.3.2021 is on the record as annexure-7 to the affidavit filed in support of bail application, a perusal whereof shows that no outstanding lies with the applicant towards said loan as he has paid the balance amount of Rs. 78000/- under O.T.S. It is also contended by learned counsel for the applicant that six other co-accused persons have been granted anticipatory bail by this Court vide orde dated 20.5.2021 passed in Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 9503 of 2021 (Murti Devi and 5 others v. State of U.P.). 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 14.3.2021. 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 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- Vinay Kumar involved in Case Crime No. 423 of 2019, under Sections 420, 467, 468, 471 IPC, Police Station Karhal, District Mainpuri be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, 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.
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 Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.31 10:39:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad