Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51918 of 2021

Applicant :- Mukesh Chaudhary

Opposite Party :- State of U.P.

Counsel for Applicant :- Surendra Kumar Tiwari,Vikas Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I,

appearing for the State and perused the material brought on record.

It has been contended by the learned counsel for the applicant that the applicant

has been falsely implicated in the present case due to ulterior motive. It is next

contended that there is no evidence against the applicant and only on the basis of

suspicion applicant has been implicated. It is further argued that no one had seen

the applicant with the deceased at the time of incident. Nothing has been

recovered from the possession of the applicant or at his pointing out. Co-accused

Ram Lalit Rajbhar has already been granted bail vide order dated 1.12.2021 in

Crl. Misc. Bail Application No. 39150 of 2021, bail order is annexed at page 17

to 19 of the supplementary affidavit. Several other submissions in order to

demonstrate the falsity of the allegations made against the applicant have also

been placed forth before the Court. The circumstances which, according to the

counsel, led to the false implication of the accused has also been touched upon

at length. It has been assured on behalf of the applicant that he is ready to

cooperate with the process of law and shall faithfully make himself available

before the court whenever required. It has also been submitted that the applicant

is languishing in jail since 26.7.2021. Ciminal history of the applicant has been

duly explained in paragraph no. 7 of the supplementary affidavit accompanying

the bail application.

Learned A.G.A. has vehemently opposed the prayer.

Courts have taken notice of the overcrowding of jails during the current

pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion

of COVID 19 Virus in prisons before the Supreme Court of India). These

circumstances shall also be factored in while considering bail applications

on behalf of accused persons.

Having heard the submissions of learned counsel of both sides, nature of

accusation and the severity of punishment in case of conviction and the nature of

supporting evidence, prima facie satisfaction of the Court in support of the

charge, reformative theory of punishment, and larger mandate of the Article 21

of the Constitution of India, the dictum of Apex Court in the case of Dataram

Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without

expressing any opinion on the merit of the case, I find it to be a case of bail.

Let applicant- Mukesh Chaudhary be released on bail in Case Crime No. 132 of

2021 under Sections- 302, 120B, 201 IPC, Police Station- Kalwari District-

Basti on furnishing a personal bond and two sureties each in the like amount to

the satisfaction of magistrate/court concerned, subject to following conditions:-

1. The applicant will attend and co-operate the trial proceedings pending before

the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

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.

It is clarified that the observations, if any, made in this order are strictly confined

to the disposal of this bail application and must not be construed to have any

reflection on the ultimate merits of the case.

In case of breach of 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.

The computer generated copy of such order sh