Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37606 of 2019 Applicant :- Ankit Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Chaubey,Nipun Singh Counsel for Opposite Party :- G.A.,Suraj Kumar Singh
Hon'ble Siddharth,J.
List has been revised.
Counter affidavit was earlier filed by Sri Suraj Kumar Singh, learned counsel for the opposite party but he is not present today.
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, Ankit Tripathi, with a prayer to release him on bail in Case Crime No. 87/2019, under Sections 147, 148, 323, 504, 506, 308 IPC, Police Station Sarnath, District- Varanasi, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant was not named in the FIR. In fact one, Ankit Yadav was implicated along with co-accuseds namely, Bacchha Yadav, Chotu Yadav, Futti Yadav, Pintu Shukla, Chiku Yadav and one unknown person. In the second statement of the informant the applicant has been named. He was not named in the FIR or in the first statement of the informant. The statement of the injured has not brought on record. The injured is alleged to have been injured in the road accident and the injury report of Pandit Deen Dayal Upadhyay Government Hospital, Varanasi has been brought on record, which shows that the injury was caused to the injured. Learned counsel for the applicant further submitted that the name of the injured has not been mentioned since he was not in his senses and the police brought him to the hospital.It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 21.05.2019. 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 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 :- 27.9.2019 S.K.