Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32758 of 2018 Applicant :- Fool Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh 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, Phool Singh with a prayer to release him on bail in Case Crime No. 1201 of 2015, under Sections 394, 411 IPC, Police Station Kotwali Konch, District- Jalaun, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The allegation against the applicant is that he forcibly took ten cans of beer, Rs. 3500/- and used violence against the informant.The applicant is in jail since 25.12.2015. Applicant has criminal history of 29 cases which have been explained in paragraph-10 of the affidavit filed in support of the application.
Learned A.G.A. has pointed out that there are three more cases against the applicant which he has not explained. Learned counsel for the applicant states that he is not aware of his other implication.
Per contra learned A.G.A. has opposed the bail prayer 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 Phool Singh 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 :- 28.8.2018 Atul kr. sri.