Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35913 of 2019 Applicant :- Itu Bajpai Opposite Party :- State Of U.P.
Counsel for Applicant :- R.K. Mishra Counsel for Opposite Party :- G.A.,Awadh Bihari Pandey
Hon'ble Siddharth,J.
Counter affidavits filed today by learned AGA and Sri Awadh Bihari Pandey, learned counsel for the informant are taken on record.
Heard learned counsel for the applicant, Sri Awadh Bihari Pandey, learned counsel for the informant 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, Itu Bajpai, with a prayer to release him on bail in Case Crime No. 162/2019, under Sections 323, 342, 364, 394, 411 IPC, Police Station Juhi, District- Kanpur Nagar during pendency of trial.
Submission of learned counsel for the applicant is that the applicant was not named in the FIR. He has been named by the informant after six days and also by the informant in his statement recorded by the police. There is no specific role assigned to the applicant of causing injury to the injured. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 23.07.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Sri Awadh Bihari Pandey, learned counsel for the informant has vehemently opposed the bail application on the ground that the mobile of the injured was recovered from the possession of the applicant, and therefore, his presence of scene cannot be doubted.
Per contra learned A.G.A. has also opposed the prayer for bail of the applicant and submitted there there is permanent loss of hearing caused in the right ear of the injured in the incident, 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 noted above, 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 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 :- 30.9.2019 S.K.