Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29266 of 2018 Applicant :- Deepak Bhat Alias Mohd. Raja Opposite Party :- State Of U.P.
Counsel for Applicant :- Akash Kumar Verma,Baijant Kumar Mishra,Jai Prakash Yadav,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Rajeev Lochan Mishra holding brief of Sri Narendra Nath Tripathi, 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, Deepak Bhat Alias Mohd. Raja with a prayer to release him on bail in Case No. 1623 of 2018, Case Crime No. 27 of 2018, under Sections 302, 34 IPC, Police Station Kotwali Padrauna, District- Kushinagar, during pendency of trial.
It is argued by the learned counsel for the applicant that applicant is not named in the FIR. On the basis of confessional statement of co-accused, Yasmin Khatoon, applicant has been implicated in this case. The recovery of motorcycle has been shown from the applicant after long time. There is no evidence collected against the applicant in the alleged crime. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 07.02.2018. 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, 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 Deepak Bhat Alias Mohd. Raja 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 :- 26.7.2019 Ruchi Agrahari