Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29822 of 2019 Applicant :- Dharmveer And 2 Others Opposite Party :- State Of U.P. And Other Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Brijesh Kumar Mishra, learned counsel for the applicants, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Dharmveer, Kamal and Rakesh with a prayer to release him on bail in Case Crime No. 209 of 2016, under Sections 323, 452, 354 I.P.C., Police Station- Sasnigate, District- Aligarh, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case due to previous enmity. It is further argued that it is a complaint case, which was lodged by the informant through an application u/s 156(3) Cr.P.C. stating therein that on 18.01.2016, the applicants forcibly entered into the house of the victim and tried to outrage modesty of the victim. Subsequently, after investigation, the Police has submitted the report stating that no incident of teasing the victim has been found. It is only a case of Marpeet. It is further argued that actually, the real story is that on the date of incident, i.e. on 18.01.2016, there is a land dispute between the parties in which some hot talks were exchanged between them on which the concerned Police has reached at the spot and took the both sides at the concerned police station where they entered into compromise but subsequently, after 10 days of the alleged incident, the present complaint was moved by the informant with false and frivolous allegations. The applicants are languishing in jail since 21.06.2019. The applicants do not have any previous criminal history. In case, they are released on bail, they 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 applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they 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 applicants involved in the 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 applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.7.2019 JK Yadav