Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52235 of 2019 Applicant :- Gopal Chaudhari Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Chaurasia,Krishna Kumar Singh Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Krishna Kumar Singh, learned counsel for the applicant as well as Sri Manoj Kumar Dwivedi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Gopal Chaudhari with a prayer to release him on bail in Session Trial No.221 of 2013, under Sections -147, 148, 149, 152, 186, 225, 336, 332, 333, 353, 427, 436, 307, 504, 506, 120B I.P.C. and 7 Criminal Law Amendment Act as well as Section 3/4/5 Public Property Damage Act 1984, amended 2011, bearing Case Crime No.599 of 2012, Police Station -Kotwali, District -Basti, during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Sonu @ Dhoni Tiwari, Bablu Singh @ Dugreela, Rahul Uppadhyaya, Maya Shanker Tripathi, Ajay Dubey, Ramu @ Sanjay Srivastava, Sangam Nishad, Mukaddar, Hanumant Pandey, Arvind Dubey, Raghveer Singh, have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.17865 of 2012, 952 of 2013, 21772 of 2012, 19235 of 2012, 540 of 2013, 2707 of 2013, 16771 of 2014, 25915 of 2014, 29256 of 2014, 10396 of 2014 and 17984 of 2018 vide orders dated 04.12.2012, 10.01.2013, 13.09.2012, 11.09.2012, 08.01.2013, 30.01.2013, 16.05.2014, 14.08.2014, 09.09.2014, 23.04.2014 and 14.05.2018 respectively. For the reasons contained in that orders, the present applicant is also entitled for bail.
4. Insofar as the incident is concerned, it has been submitted that there was unrest inside the jail wherein the applicant and the other persons were made accused on wholly general allegation. While all the other accused persons have been enlarged on bail, the applicant is still in confinement.
5. Opposing the bail, learned AGA would submit that while the other persons with whom the parity is being claimed were under trial, and thus confined during trial, the applicant is serving a sentence of offence under Section 302 IPC.
6. In view of the exact and similar allegation, the applicant is entitled to bail. However, the actual release of the applicant will depend on the bail if and when the applicant is granted bail in the appeal proceedings that are stated to be pending arising from his earlier conviction under Section 302 IPC.
7. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 S.Chaurasia