The court allowed a bail application filed by Gaurav in a criminal case involving assault and attempted murder. Relying on the right to bail and precedents, the applicant was granted release subject to furnishing a personal bond and two sureties.
Release on bail furnished by a personal bond and two sureties in the like amount, verified by the court.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23662 of 2021
Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Dileep Kumar Yadav, learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 18 of 2021, under Sections 147, 452, 307, 323, 504, 506 of the Indian Penal Code, registered at Police Station Shiwala Kalan, District Bijnor, during pendency of the trial.
As per the allegations levelled in the first information report dated 13.03.2021 lodged by the injured Ajay Kumar Tyagi, against the applicant and four other coaccused persons stating therein that on 10.03.2021, when the informant reached his house, suddenly the applicant and co-accused persons entered in his house and assaulted him with Lathi, Danda and Iron-rod. The sister-in-law of the first informant tried to safe him from the accused-persons but the accused-persons have also assaulted his sister-in-law.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that the first information report has been lodged after three days of the incident. It is further submitted that co-accused, Nikhil and Uddayraj having similar role, have already been enlarged on bail by the Co-ordinate Bench of this Court vide orders dated 10.08.2021 and 12.08.2021 in Criminal Misc. Bail Application Nos. 28662 of 2021 and 25492 of 2021 respectively and the applicant is also entitled to be enlarged on bail on the ground of parity. Applicant has no previous criminal history. The applicant is in jail since 16.3.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Gaurav who is involved in aforesaid crime 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.
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 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 :- 27.9.2021 Sweety
Digitally signed by Justice Rajiv Joshi Date: 2021.09.27 15:39:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a bail application filed under sections 147, 452, 307, 323, 504, 506 of the Indian Penal Code.
Whether parity with co-accused already enlarged on bail entitles the applicant to similar relief.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
(2018) 2 SCC 22 · Who else cites this
Gaurav
State of U.P.
Rajiv Joshi
As recorded by the court registry
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Rajiv Joshi
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