Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40782 of 2019 Applicant :- Arshad And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Prasad Mishra 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.
Learned counsel for the applicants has stated that this bail application has not been pressed on behalf of accused-applicant No. 1, Fareed and his bail rejection order has been annexed at page Nos. 61 and 62 to the bail application.
Office is directed to return the free copy of bail rejection order of co-accused, Fareed, to learned counsel for the applicant, within three days, after keeping photocopy of the same on record.
The instant bail application has been filed on behalf of the applicants, Arshad, Khursheed and Javed, with a prayer to release them on bail in Case Crime No. 261 of 2015, under Sections 147, 148, 149, 452, 308, 504, 352, IPC, Police Station Incholi, District- Meerut, during pendency of trial.
Submission is that general allegations have been made against the applicants by the informant in the first information report. No specific role has been assigned in causing of the alleged offences. Applicants allege false implication. They have no criminal history to their credit. They are in jail since 11.9.2019.
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 noted above 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 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 :- 30.9.2019 Ruchi Agrahari