Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34157 of 2019 Applicant :- Jitendra @ Lala Gujar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Jitendra @ Lala Gujar with a prayer to release him on bail in Case Crime No. 583 of 2018, under Sections 124A I.P.C., Police Station-Syana, District- Bulandshahr, during pendency of trial.
The submission is that the applicant was earlier enlarged on bail for offences under Sections 147, 148, 149, 332, 333, 353, 341, 336, 307, 427, 436, 109 I.P.C. and Section 7 of the Criminal Law Amendment Act, 1932 and Section 3/4 of Prevention of Damage of Public Property Act, 1984, Police Station- Syana, District- Bulandshahar. Thereafter, in the chargesheet Section 124-A IPC was also added by the Investigating Officer. The applicant applied for bail under the aforesaid section which has been turned down by the court below. Learned counsel for the applicant has submitted that the applicant has already been implicated under number of Sections, including Section 436 IPC, for the same offence and therefore the gravity of offence under Section 124-A IPC cannot be said to be more than that the offences alleged earlier. He has already been enlarged on bail earlier. The applicant is in jail since 07.12.2018 and has not been released despite the grant of bail earlier by this court in under sections.
Per contra learned A.G.A. has opposed the bail prayer 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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018)
3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
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