Allahabad High Court
Arbaz vs State Of U.P. on 2 August, 2021
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19031 of 2021
Applicant :- Arbaz
Opposite Party :- State of U.P.
Counsel for Applicant :- Sudheer Rana
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Sudheer Rana, learned counsel for the applicant, learned A.G.A. and perused the record of the case.
The present bail application has been filed on behalf of applicant, Arbaz with a prayer to release him on bail in Case Crime No. 12 of 2021, under Sections 399, 402 I.P.C., Police Station- Chandpur, District- Fatehpur, during pendency of trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated by the police in this case due to ulterior motive. It is next contended that nothing incriminating articles has been recovered from the possession of the accused; the alleged recovery has been made without complying the mandatory provisions of Section 100 Cr.P.C.; there is no public witness of the recovery. He next contended that criminal history of the applicant in two cases have been duly explained in paragraph no. 7 of the affidavit filed in support of the bail application. It is further submitted that there is no criminal antecedent to his credit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 27.01.2020, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Arbaz be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
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.
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.
Order Date :- 2.8.2021
Ishan
