Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39171 of 2019 Applicant :- Chhotu Yadav Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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, Chhotu Yadav, with a prayer to release him on bail in Criminal Case No.975 of 2018, under Sections 323, 354-B, 452, 504, 506 IPC, Police Station Karanda, District- Ghazipur, during pendency of trial.
Submission is that applicant was initially challaned on 28.11.2018 under Sections 107/116/151 Cr.P.C. regarding the incident of the same day as of this case. Subsequently, complaint case has been filed by the complainant alleging offence under Sections 323, 354-B, 452, 504, 506 IPC on 29.12.2018 in the back date of 26.11.2018. The complaint was false and fictitious and filed only after the applicant was challenged by the police, it was filed. The applicant has no criminal history to his credit and he is languishing in jail since 30.8.2019. 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 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 :- 25.9.2019 Ruchi Agrahari