Allahabad High Court
Uttam Ahirwar vs State Of U.P. on 18 June, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13272 of 2020 Applicant :- Uttam Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The allegation in the First Information Report is that applicant and other co-accused called the deceased from his house.Thereafter his dead body was recovered on same day. Learned counsel for the applicant has submitted that inquest of the body of the deceased was performed on 29.10.2019 and First Information Report was lodged on 30.10.2019. In the inquest report nothing has been mentioned about the applicant taking away the deceased along with him. First Information Report was lodged on 30.10.2019 falsely implicated the applicant and other co-accused by cooking up false story.The dead body was recovered in the check dam.The applicant is in jail since 1.11.2019 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, 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 applicant, Uttam Ahirwar who is involved in Case Crime No. 169 2019, under Sections 304, 377, 506, 120B I.P.C, Police Station-Baruasagar , District- Jhansi, 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.
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.
4. In case the applicant has 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 applicant 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.
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 :- 18.6.2020 Atul kr. sri.