Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32537 of 2018 Applicant :- Imrat @ Bhura And 3others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jaysingh Yadav 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, Imrat @ Bhura, Ramesh, Sita Ram and Ram Niwas with a prayer to release them on bail in Case Crime No. 63 of 2018, under Sections 395, 397 IPC, Police Station Jakhlaun, District- Lalitpur, during pendency of trial.
It is argued by the learned counsel for the applicants that the son of complainant, Nirbhan, lodged the first information report against the applicants under Sections 323, 504, 506 IPC and charge-sheet has been filed therein. Non-cognizable Report was filed by applicant No.2 against the husband and son of the complainant and two other persons under Sections 323, 504 IPC. Argument is that the complaint, wherein the applicants have been summoned, was filed as a counter blast by the complainant under Sections 395, 397 IPC. Further argument is that the applicants belong to the same family. Due to political rivalry and village politics, they have been falsely implicated in the present case. The applicants have no criminal history except the cases noted above. The applicants are languishing in jail since 30.7.2018. 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 Imrat @ Bhura, Ramesh, Sita Ram and Ram Niwas 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 :- 27.8.2018 Ruchi Agrahari