Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31454 of 2018 Applicant :- Hargurendra Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra 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, Hargurendra Singh and Yogendra Singh @ Jogendra Singh with a prayer to release them on bail in Case Crime No.301 of 2018, under Sections 419, 420, 467, 468, 471 IPC & Section 60(2), 63 Excise Act, Police Station Tarya Sujan, District- Kushi Nagar, during pendency of trial.
It is submitted by the learned counsel for the applicants that the first information report was lodged against three named persons including the applicant on 04.6.2018 in respect of an incident said to have taken place on the same day with the allegation that they were involved in transportation of illicit liquor. The applicants were not involved in any such offence as alleged in the FIR. Further argument is that the applicants are cleaner and driver of the vehicle. The applicants have no role in this Crime. They were complying the order of the employer. The applicants are languishing in jail since 04.6.2018. They do not have any criminal history to their credit. 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 deserves 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 Hargurendra Singh and Yogendra Singh @ Jogendra Singh 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 :- 20.8.2018 Ruchi Agrahari