Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23685 of 2019 Applicant :- Dinesh Saini And Another Opposite Party :- State Of Up Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants Dinesh Saini and Suneel Yadav, who are involved in Case Crime No. 372 of 2019, under Sections 147, 149, 323, 504, 506, 452 I.P.C. and Section 7 C.L.A. Act, P.S. Bhelupur, District Varanasi, are seeking enlargement on bail.
It has been submitted by learned counsel for applicants that applicants are innocent and they have been falsely implicated in this very case crime number. There is no specific accusation except general allegation against all those 20 named accused persons, whereas injuries found on the person of injured were simple. Applicants are of no criminal antecedent. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the above factual aspect.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants Dinesh Saini and Suneel Yadav involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 7.6.2019 NS