Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23028 of 2019 Applicant :- Anil Pal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajpal,Suresh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Anil Pal and Sunil Pal with a prayer to release them on bail in Case Crime No. 590 of 2019, under Sections 272, 273 IPC, Police Station G.R.P. Allahabad, District- Allahabad, during pendency of trial.
It is argued by the learned counsel for the applicants that applicants have been implicated on the ground that they were selling tea on railway station after using paint in place of milk. Tea recovered from the applicant No.2 was sent to Forensic Science Laboratory for examination. Report of Laboratory has not been come, but charge- sheet has been filed by the police. The applicants are languishing in jail since 9.8.2018. They do not have any criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they 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 applicants Anil Pal and Sunil Pal involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.5.2019 Ruchi Agrahari