Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34089 of 2019 Applicant :- Jaipal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Pankaj Kumar Tripathi and Sri Garun Pal Singh, learned counsels for the applicant 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, Jaipal with a prayer to release him on bail in Case Crime No. 146 of 2019, under Sections 452, 323, 307, 325, 504 IPC, Police Station Highway, District- Mathura, during pendency of trial.
Submission is that four persons have been assigned general role. No specific role has been assigned to the applicant. Co-accused, who was assigned the role of firing, has been enlarged on bail by this Court vide order dated 29.5.2019 in Criminal Misc. Bail Application No. 15852 of 2019. However, regarding the applicant, it has been submitted that he was not assigned any role of firing, but he has been assigned the role of causing injury with Lathi and Danda, wherein one fracture of elbow was found to have been caused to Inder Singh. The other injureds also suffered injuries, but there is no fracture found on their body. The applicant does not have any criminal history to his credit. He is languishing in jail since 19.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, 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 v 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 :- 22.8.2019 Ruchi Agrahari