The Allahabad High Court has granted bail to Sandesh, a hotel employee of Bareilly gangwar accused Rajiv Rana.
A single-judge bench of Justice Shree Prakash Singh passed this order while hearing a Criminal Misc Bail Application filed by Sandesh.
The bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case under sections 147, 148, 149, 307, 327, 427, 504, 506, 394, 120B of IPC and 4/25 of Arms Act P.S- Izzatnagar District – Bareilly.
Contention of the counsel for the applicant is that the applicant is innocent and has falsely been implicated in the matter due to ulterior motive.
He next added that the applicant is not named in the first information report and only on the basis of a confessional statement of the co-accused, he has been implicated.
He further submitted the Investigating Officer has failed to connect the applicant as there is no cogent piece of evidence against him and he has also shown the other falsity of the prosecution story.
He also submitted that no specific role has been assigned to the applicant.
Counsel for the applicant said that the applicant has no previous criminal history and he is languishing in jail since 23.6.2024 and the applicant undertakes that in case he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.
Further added that the identically situated co accused namely Anil Kumar @ Sani has already been granted bail by the court by order dated 30- 08-2024 passed in Criminal Misc Bail Application and the applicant is also seeking parity of the same.
Per contra, AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence, but, he could not dispute the fact that the identically situated co-accused named above has already been enlarged on bail by the court.
“Having heard counsels for the parties and after perusal of material placed on record, it transpires that the applicant is not named in the first information report and his came has came into light only on the confessional statement of the co-accused and no specific role has been assigned to the applicant and he is languishing in jail since 23.6.2024; the applicant has no previous criminal history and he has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.
Considering the submissions of the counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail,” the Court observed.
The Court observed that,
Let the applicant Sandesh, involved in the aforementioned 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:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C and;
(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.