Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34742 of 2017 Applicant :- Brahmswaroop Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Vikrant Gupta
Hon'ble Siddharth,J.
Heard Shri A.K. Nigam, learned counsel for the applicant, learned AGA for the State, Shri Vikrant Gupta, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Brahmswaroop with a prayer to release him on bail in Case Crime No.
345 of 2017, under Sections 420, 406, 504, 506 IPC, Police Station Bilaspur, District- Rampur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant argued that there is no direct allegation of accepting money from the informant against the applicant. The co-accused are alleged to have accepted the amount of Rs. 10 lac from the informant for the purpose of executing the sale deed regarding some land. This is his first implication The applicant is languishing in jail since 24.7.2017, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant submitted that co-accused have admitted liability in different proceedings before this court and obtain interim order wherein applicant has accepted the liability to pay the amount to the informant.
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 Brahmswaroop 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 :- 13.9.2018 Atul kr. sri.