Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39968 of 2019 Applicant :- Bhura @ Vijendra Opposite Party :- State Of U.P.
Counsel for Applicant :- S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Vakalatnama filed today by Sri Anurag Pathak (Advocate Roll No. A/A-0996/2012) on behalf of the informant is taken on record.
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, Bhura @ Vijendra with a prayer to release him on bail in Case Crime No. 373 of 2019, under Sections 147, 148, 149, 307, 323, 504, 506, 325 and 326 IPC, Police Station Deoband, District- Saharanpur, during pendency of trial.
Learned counsel for the applicant submits that it is a case of general role wherein general allegations have been made against the 13 persons and no specific role has been assigned as to who caused the injury to the injured. It has further been submitted by learned counsel for the applicant that the co- accused Rampal has been granted bail by this Court in the Criminal Misc. Bail Application No. 29709 of 2019 on 02.08.2019. He has further submitted that the applicant has similar role as assigned to the Rampal and, therefore, the applicant may be enlarged on bail. Learned counsel for the applicant also submits that the applicant is 55% disabled. 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 16.09.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra Sri Anurag Pathak, learned counsel for the complainant/informant has vehemently opposed the prayer for bail and has submitted that the bail of co-accused Rampal on the consideration that he was 84 years old man and suffering from several old age aliments. Learned counsel for the informant further shown the photographs of the injured from the side of the informant and has stated that all of them were seriously injured in the assault made by the applicant side and they were refer to Delhi and Meerut for treatment and some of the injured remain in 'Koma' from longtime. It has further been submitted that the applicant does not deserved to be enlarged on bail on the ground of parity. Since, co-accused Rampal was granted bail on account of consideration of old age and age related aliments.
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.
After considering the rival submissions made by the parties, this Court finds that the co-ordinate Bench of this Court while granting bail to co-accused Rampal considered the fact that the FIR from the side of the applicant was prompt and from the other side it was delayed. General allegations of causing injury was also considered by the Court below and it has also found that no specific role was assigned to the co-accused. In the present case no specific role has been assigned to the accused- applicant and he also stated to be 55% disable and his case also come under the exception, like the case of co-accused Rampal, who has 84 years old.
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 :- 26.9.2019/S.K.