Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17809 of 2019 Applicant :- Anurudh (Anirudh) Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Anurudh with a prayer to release him on bail in Case Crime No. 412 of 2018, under Sections 307, 504, 506 I.P.C., Police Station- Katghar, District- Moradabad, during pendency of trial.
It is argued by the learned counsel for the applicant that for the incident dated 07.05.2018 at 10:00 p.m. regarding a petty dispute between the parties, the F.I.R. has been lodged against three persons including the applicant wherein general allegation of firing upon the injured has been levelled against all the accused persons and no specific role is attributed to the applicant. As per the medical report of injured, the injury is on vital part of the body but it has not been opined to be dangerous for life. It is next submitted that in the statement of injured, the general role of firing has been assigned to all the accused persons, but on specific questions put to him, he has given answer, mentioning name of the applicant and other co-accused. In the re-statement of the injured, there are variations from his statement as given earlier. Hence, the co-accused has been granted bail by this Court in Criminal Misc. Bail Application No. 15254 of 2019 vide order dated 15.04.2019, and the applicant claiming parity on the ground of same role. The applicant is languishing in jail since 17.06.2018. The applicant has no criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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 Anurudh (Anirudh) 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 :- 30.4.2019 Ujjawal