Allahabad High Court
Babulal And Another vs State Of U.P. on 14 July, 2021
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18300 of 2021
Applicant :- Babulal And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Siddharth Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Ankit Srivastava, Advocate holding brief of Shri Siddharth Srivastava, learned counsel for the applicants, Shri O.P. Mishra, learned AGA for the State and perused the record.
The present bail application has been filed on behalf of applicants, Babulal and Baburam with a prayer to release them on bail in case crime no. 144 of 2019, under Sections 323, 504, 506, 452 and 308 IPC, P.S. Bardah, district Azamgarh, during pendency of trial.
Learned counsel for the applicant submits that the nature of the injuries do not match with the averments of FIR. It has further been submitted that the applicant has been falsely implicated in the instant case. The applicant has no criminal history. This fact is not refuted by the learned AGA. The injury found on the injured persons are simple in nature. According to the FIR the applicant and three other co-accused have been implicated in similar roles. According to X-ray report of injured Balwant, there is no abnormality found. It is further submitted that co-accused Pradeep who has been assigned similar role has already been granted bail vide order dated 08.01.2021 passed in Criminal Misc. Bail Application No. 49568 of 2020. The applicants are entitled for bail on the ground of parity. It is next submitted that there is also no possibility of the applicants either fleeing away from the judicial process or tampering with the witnesses. The applicants, who are languishing in jail since 01.03.2021, undertakes that they 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 of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they does not deserve any indulgence. In case the applicants are released on bail, they will again indulge in similar activities and will misuse the liberty of bail.
It is settled position of law that bail is the rule and committal to jail is an exception in the case of State of Rajasthan Vs. Bal Chand (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do not intend to be exhaustive but only illustrative" and 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 applicants, Babulal and Baburam be released on bail in the aforesaid case crime number on their furnishing personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 14.7.2021
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