Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40257 of 2019 Applicant :- Irshad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, Sri Rama Shankar Mishra, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicants, Irshad and Altaf with a prayer to release them on bail in Case Crime No. 315 of 2019, under Sections 147, 148, 324, 307, 352, 452, 504, 506 IPC, Police Station Kotwali Dehat, District- Bulandshahar, during pendency of trial.
Learned counsel for the applicant has submitted that applicants and injured belong to the same family. Although clear allegations have been made against the applicants, but it has been submitted that subsequently the parties have entered into the compromise and injureds and informants have given affidavit before the I.O. stating that they could not recognize, who caused the alleged incident. Learned counsel for the informant has supported the arguments made by learned counsel for the applicants and he has stated that he has no objection in case the bail of the applicants is granted. The applicants are languishing in jail since 3.6.2019. They have no 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 noted above 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 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 :- 27.9.2019 Ruchi Agrahari