Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33824 of 2019 Applicant :- Ajit Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Mishra,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ajit Singh with a prayer to release him on bail in Case Crime No.1089 of 2018, under Sections 498-A, 323, 325, 326, 504, 506 IPC, Police Station Malpura, District- Agra, during pendency of trial.
It is argued by the learned counsel for the applicant that during the pendency of mediation proceedings before the Mediation Centre, the applicant alongwith his parents and sister is alleged to have caused injury to his wife. It has been submitted that on account of sudden provocation, the dispute took place between the parties. There is possibility of settlement between them. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 05.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, 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 Ajit Singh 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 any further incident has been caused by the applicant, it is open for the informant to move bail concellation application before this Court.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2019 Ruchi Agrahari