Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32006 of 2018 Applicant :- Dr. Bhupendra Nagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Sri Adesh Kumar, Advocate has filed Vakalatnama on behalf of the informant, which is taken on record.
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, Dr. Bhupendra Nagar with a prayer to release him on bail in Case Crime No. 342 of 2018, under Sections 394, 504, 506 IPC, Police Station Kithore, District- Meerut, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is veterinary doctor. He has been falsely implicated on account of some money being due against the informant. The applicant is named in the first information report while two other accused persons are not named. No recovery has been made from the applicant except one Danda. The police has found that the dispute between the parties regarding intimacy with some women regarding which a parcha No.II of the case diary has been quoted in paragraph No.8 of the affidavit in support of the bail application. He does not have any criminal history to his credit. The applicant is languishing in jail since 12.7.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has argued that the injuries of the son of the informant are grievous in nature. The applicant is not named in the first information report. Therefore, he does not deserves any leniency. 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 Dr. Bhupendra Nagar 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 :- 23.8.2018 Ruchi Agrahari