This court granted bail to the applicant in a criminal trial regarding accused persons relating to the encounter death of a person. The application was allowed after considering arguments of counsel and the nature of accusation.
Release of the applicant on bail with a personal bond and two sureties subject to specified conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3957 of 2021
Applicant :- Harinarayan Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish,Mushir Khan Counsel for Opposite Party :- G.A.,Brajesh Kumar Solanki
Hon'ble Rajiv Joshi,J.
Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri Mushir Khan, learned counsel for the applicant, learned AGA for the State, Sri Brajesh Kumar Solanki, learned counsel for the informant and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 414 of 2017, under Sections 323, 364 IPC, Police Station Iglas, District Aligarh, during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. The informant, who is the father of the deceased got registered a missing report with the police station on 10.7.2017. After the registration of the missing report was duly publicized in various newspapers. The body of the deceased was recovered as unknown body on 12.7.2017. The first information report was lodged by the informant on 23.10.2017 i.e. after the recovery of the dead body. Learned counsel for the applicant further submits that the first information report was highly belated and lodged as an afterthought to implicate the applicant falsely. Learned counsel for the applicant further submits that though the applicant was absconding, he himself surrendered before the court below on 1.9.2020. Learned counsel for the applicant further submits that charge sheet has already been filed, the investigation has been completed and the trial has not yet been started.
Learned counsel for the applicant further submits that co-accused Chandrakant, who assigned similar role to that of the applicant, has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 11.6.2021 passed in Criminal Misc. Bail Application No. 22374 of 2021 and therefore, the applicant is also entitled for bail on the ground of parity. It is lastly contended that the applicant has criminal history of five cases, which has been explained in paragraph 11 of the supplementary affidavit filed in support of the bail application, out of which, three cases are of matrimonial dispute and in all the cases, he has been enlarged on bail. He is in jail since 01.09.2020 (more than one year) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets
Learned AGA appearing for the State as well as learned counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the
applicant.
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- Harinarayan involved in the aforesaid crime 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:
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 :- 8.9.2021 Noman
2 issues framed by the court
Whether bail should be granted to the applicant in the pending trial of the accused.
Whether the applicants criminal history and nature of accusation warrant denial of bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶11
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Harinarayan
Rajiv Joshi
As recorded by the court registry
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