Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27980 of 2018 Applicant :- Gajendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Gajendra and Dharmendra alias Daroga with a prayer to release them on bail in Case Crime No. 514 of 2018, under Sections 420, 467, 468, 471, 272, 273 IPC, and Section 60(A) of Excise Act, Police Station Bhognipur, District- Kanpur Dehat, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive.The argument is that there is no public witness and false recovery shown against the applicants. They have been implicated in similar case on the same day by the police. The applicants are languishing in jail since 26.5.2018, who are not a previous convict. In case, the applicants are released on bail, they will not misuse the liberty of bail.
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 deserve 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 Gajendra and Dharmendra alias Daroga 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 :- 26.7.2018 Atul kr. sri.