Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25181 of 2018 Applicant :- Jai Prakash And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Lalta Prasad,Akhilendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicants is that there is cross version of the first information report. Both side persons have received injuries on their person so it is difficult to ascertain at this stage as to which party is the aggressor. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. Further submission is that applicants who are in jail since 05.06.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicants also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicants Jai Prakash and Beeru Yadav be released on bail in Case Crime No. 1072 of 2016, under Sections 308, 323, 325, 504, 506 IPC, Police Station- Sarailakhansi, District- Mau on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.8.2018 Arti