Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23326 of 2019 Applicant :- Har Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Satyendra Pratap Singh-I, Advocate, has filed his Vakalatnama on behalf of complainant, which is taken on record.
Heard Sri Gajendra Pratap Singh, learned counsel for the applicant, Sri Satyendra Pratap Singh-I, Sri I.P. Srivastava, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Har Prasad with a prayer to enlarge him on bail in Case Crime No.38 of 2019, under Sections 376, 323, 506 I.P.C., Police Station Barkheda, District Pilibhit.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that earlier the applicant had lodged the FIR against Rajaram, Premchand, Damodar Swaroop and Rakesh for incident dated 26.10.2018 and as a counter blast the present FIR has been lodged against him by Smt. Ramwati wife of Premchand for incident dated 07.02.2019. Subsequently, another FIR has been lodged from the applicant's side against the informant's side. It has been argued that since an FIR has already been lodged against Prem Chand, in order to exert pressure upon the applicant, the present FIR has been lodged by his wife with false and frivolous allegations. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 25.02.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for 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, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 4.6.2019 Anand Sri./-