Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32011 of 2018 Applicant :- Arun Alias Vidya Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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, Arun Alias Vidya with a prayer to release him on bail in Case Crime No. 171 of 2018, under Sections 420, 323, 504, 506 IPC, Police Station Ramala, District- Baghpat, during pendency of trial.
Allegation against the applicant is that Rs.50,000/- has been transferred in the account of father of the applicant on 10.4.2017. There is no allegation against the applicant that he took money for providing job to the informant. Argument is that informant has purchased one buffalo of Rs.50,000/- from the father of the applicant and that amount was transferred in his account. There is no allegation of taking money against the applicant. He does not have any criminal history to his credit. The applicant is languishing in jail since 10.6.2018. 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 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, 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 Arun Alias Vidya 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 :- 23.8.2018 Ruchi Agrahari