Allahabad High Court
Piyush Shaym Dasani vs State Of U.P. on 8 October, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28533 of 2020 Applicant :- Piyush Shaym Dasani Opposite Party :- State of U.P. Counsel for Applicant :- S. Rashid,Sudhanshu Srivastava Counsel for Opposite Party :- G.A.,Sangam Lal Kesharwani Hon'ble Siddharth,J.
Heard Sri Uday Kumar Saxena, learned Senior Counsel assisted by Sri S. Rashid and Sudhanshu Srivastava, learned counsels for the applicant, Sri Sangam Lal Kesharwani, learned counsel appearing on behalf of the aggrieved party and learned AGA for the Informant-State.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Bail Application The instant bail application has been filed on behalf of the applicant, Piyush Shaym Dasani with a prayer to release him on bail in Case Crime No. 158 of 2014, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Swaroop Nagar, District- Kanpur Nagar, during pendency of trial.
Allegation against the applicant is that he was involved in Case Crime No. 151 of 2014, under Sections 147, 323, 364, 392, 302, 201 IPC and he has been assigned the role of conspiracy in the aforesaid case. The two SIM cards used in the aforesaid murder case were got issued by the applicant in fake name and thereafter, SIM cards were used in the commission of alleged crime.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. He has no other criminal history except the present implication and is in jail since 30.7.2014. The trial is proceeding and this case was at the stage of recording of statement of accused persons under Section 313 Cr.P.C. and thereafter, two witnesses were recalled.
Sri Sangam Lal Kesharwani, learned counsel appearing on behalf of the aggrieved party has opposed the prayer for bail of the applicant and submitted that he represents the father of the deceased in case under Section 302 IPC. The applicant is husband of the daughter of the informant and he hatched conspiracy for her murder.
He has submitted that he has locus to oppose this bail application in view of the judgment of this Court in the Bail Application No.780 of 2013 (Rajesh Kumar Pandey Vs. State of U.P.), wherein this Court has permitted the complainant in case under Section 302 IPC to opposes the bail application regarding offences under Gangsters Act. He has further relied upon the judgment of the Apex Court in the case of Sheo Nandan Paswan Vs. State of Bihar and others, 1987 AIR 877, wherein the Apex Court has held that where the prosecution was being withdrawn by the State, Sri Sheo Nandan Paswan, member of Bihar Legislative Assembly and its Deputy Speaker at the material time, objected to the withdrawal of the case by the State Government before the Chief Judicial Magistrate and he was permitted to oppose the same. His conduct was upheld by the Apex Court in the aforesaid case. He has further submitted that applicant got his wife murdered and therefore, he may permitted to oppose the bail application.
Without accepting his locus to oppose this bail application, he is being permitted to address the Court.
He has further submitted that from the bare perusal of the FIR, allegations made against the applicant stand proved. He was instrumental in getting two SIM cards issued in fake name. On the basis of the SIM cards, he managed to hatch conspiracy, which led to the murder of the deceased. He does not deserves to be enlarged on bail.
Learned AGA has opposed the prayer for bail of the applicant and submitted that offences alleged against the applicant are serious and the charge-sheet has already been submitted by the Investigating Officer.
Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
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. 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 :- 8.10.2020 Ruchi Agrahari