Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36330 of 2018 Applicant :- Gyanendra Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashvani Tripathi 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, Gyanendra Srivastava with a prayer to release him on bail in Case Crime No. 1152 of 2017, under Sections 406 r/w 120-B IPC and 66 I.T. Act, Police Station Naubasta, District- Kanpur Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is not named in the first information report. His name has surfaced in the confessional statement of co-accused. The applicant has criminal history of three cases explained in paragraph No. 14 of the affidavit in support of the bail application. The applicant is in jail since 17.2.2018 in this case as mentioned in paragraph No. 26 of the affidavit in support of the bail application. 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, 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 Gyanendra Srivastava 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 :- 25.9.2018 Ruchi Agrahari