Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17597 of 2019 Applicant :- Aman Opposite Party :- State Of U.P.
Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sonu Kumar Tiwari, learned counsel for the applicant, Sri Madnesh Prasad Singh, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Aman with a prayer to release him on bail in Case Crime No. 02 of 2017, under Sections 307, 504, 506 I.P.C., Police Station- Khair, District-Aligarh, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. The main role of causing fire arm injury is assigned to the applicant-Aman and co-accused-Mohit, who has already been granted bail by another Bench of this Court vide order dated 26.02.2018 passed in Criminal Misc. Bail Application No. 7401 of 2018, copy of which order has been appended as Annexure no.5 to the affidavit accompanying with the bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 01.05.2017. The criminal history of applicant has been explained in paragraph no.18 of the affidavit accompanying the bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer 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 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.
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 :- 29.4.2019 JK Yadav