Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29720 of 2019 Applicant :- Chandan Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Amar Bahadur Maurya, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Chandan with a prayer to release him on bail in Case Crime No. 172 of 2019, under Sections 307, 323, 427 I.P.C., Police Station- Bewar, District- Mainpuri, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., as many as four persons are said to have assaulted the injured by country made pistol and lathi, due to which he sustained injuries. General role of assaulting the victim has been assigned against all the accused persons. It is further argued that all injuries found on the body of the injured were simple in nature except injury no. 1 & 4, which are kept under observation advised x-ray and in the x-ray report, fracture at proxima end of 5th meta carpal and fracture at left angle of mandible seen in hand but it is not specified that as to who has caused the injury no.1 &4 to the injured. Subsequently, in the statement of the injured also, general role of assaulting the victim has been assigned to all the accused persons. The applicant is languishing in jail since 24.05.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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 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 :- 25.7.2019 JK Yadav