Allahabad High Court
Valister And Another vs State Of U.P. on 21 September, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26378 of 2020 Applicant :- Valister And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicants is taken on record.
Heard learned counsel for the applicants and learned A.G.A.
The allegation against the applicants is that they were found in possession of arms licences issued from Nagaland.There is allegation that aforesaid licences were fake and have not been renewed. It is submitted that applicants have been falsely implicated in this case.Their licences were genuine. Since they were issued from Nagaland, they could not be renewed.The applicants are in jail since 13.6.2020.The applicant no.1 has criminal history of two cases explained in paragraphs-2 and 3 of the supplementary affidavit.Applicant no.2 has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid fact..
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants, Valister and Dangal Singh, who is involved in Case Crime No. 293 of 2020, under Sections 420, 467, 468, 471 I.P.C, Police Station-Sindhauli , District- Shahjahanpur, be released on bail on their 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.
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.
4. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.9.2020 Atul kr. sri.