Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18165 of 2018 Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Sanjay Ojha
Hon'ble Siddharth,J.
Learned counsel for the appellant had tried to serve notice of this case being taken up today i.e., 27.9.2019 on Sri Sanajy Ojha, Advocate, who appears on behalf of the informant, but he has not accepted the same. The endorsement of refusal has been made by the learned counsel for the applicant, Sri Ajay Kumar Srivastava, on the information slips dated 25.9.2019 and 26.9.2019, which are 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, Gaurav, with a prayer to release him on bail in Session Trial No. 67 of 2018, Case Crime No.716 of 2017, under Sections 302, 363, 201 IPC, Police Station Gajraula, District- Amroha, during pendency of trial.
Submission is that applicant has been implicated in this case on the basis of last seen evidence. In his statement before the Investigating Officer, informant has stated that there was prior enmity of the informant with the applicant and he suspects on that account that applicant has kidnapped and killed his son. There is not other evidence except the statement of brother of informant, Suresh, and his brother-in-law, Dharmendra Singh. Applicant has been falsely implicated in the present case with some ulterior motive. He has no criminal history to his credit. The applicant is languishing in jail since 15.12.2017. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail 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 noted above, 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 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.
Trial court is directed to conclude the trial in the aforesaid case, within a period of two years, from the date of production of certified copy of this order.
Order Date :- 27.9.2019 Ruchi Agrahari