Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32914 of 2019 Applicant :- Chandrabhan And 8 Others Opposite Party :- C.B.I Counsel for Applicant :- Shyam Singh Somvanshi Counsel for Opposite Party :- Sanjay Kumar Yadav
Hon'ble Dinesh Kumar Singh-I,J.
Heard SriShyam Singh Somvanshi, learned counsel for the applicants as well as learned AGA for the State, Sri Gyan Prakash, Senior Advocate assisted by Sri Sanjay Kumar Yadav, learned counsel for CBI and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.242 of 2016 under sections 147, 148, 149, 302, 307, 332, 333, 336, 436, 353, 186, 188, 427, 120-B I.P.C. and 7 Criminal Law Amendment Act, Police Station Sadar Bazar, District Mathura, during the pendency of trial.
As per FIR dated 2.6.2016, the prosecution case is that in the year 2014 seven named accused as well as 2500-3000 persons had illegally taken possession of Jawahar Bagh, same was required to be vacated in compliance with the order of High Court dated 20.5.2015 passed in Crl. Writ (PIL) No.28807 of 2015 for which police force reached on the spot on the date of occurrence i.e. on 2.6.2016 at about 5.00 p.m. and it is then the police was resisted by the accused-applicants along with other large number of co-accused in which two police officers had died and several had received injuries.
It is argued by the learned counsel for the applicants that the applicants are not named in the FIR. His name has emerged during the course of investigation. No specific role has been assigned to him of having caused injuries tot he deceased or the injured person. The applicants are lying in jail since 02.06.2016. About 15 co-accused have already been granted bail whose cases were at the similar footings. Some bail orders of these co- accused are on record from page nos. 52 to 56. In case the applicants are released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. as well as learned counsel for CBI opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicants Chandrabhan, Hiralal, Naresh Chand, Ramprashad, Rajendra Patel, Mahesh, Kanhaiyalal, Udaipal and Deepak involved in aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants 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 :- 30.9.2019 A.P. Pandey