Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23695 of 2019 Applicant :- Arun Singh Opposite Party :- State Of Up Counsel for Applicant :- Vikrant Rana Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, 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 Singh with a prayer to release him on bail in Case Crime No. 197 of 2019 under Sections 204, 221, 222, 223, 224, 225, 120-B, 420, 467, 468, 471, 472, IPC, Police Station Brahmpuri, District- Meerut, during pendency of trial.
From the allegations in the FIR, it appears that the applicant was present in the hotel fromwhere under trial accused being carried by the police absconded from the police custody, while having meals in a hotel. There is no specific role assigned to the applicant in the alleged offence. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motives. He has further submitted that the co-accused Sonu Sahgal alias Ajay Sahgal and Jeet Singh Makkad @ Lallu Makkad have already been enlarged on bail vide orders dated 30.5.2019 and 6.6.2019 passed in Criminal Misc.Bail Application Nos.22780 of 2019 and 23592 of 2019. He does not have any criminal history to his credit. The applicant is languishing in jail since 14.04.2019. 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, 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 Singh 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 :- 7.6.2019 Radhika