Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1814 of 2019 Applicant :- Jiyaram Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Tej Bhan Singh,Abhai Kumar Singh,Meraj Ahmad Khan,Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.,Chandra Bhushan Singh,Chandra Bhushan
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, the learned AGA for the State, Sri Chandra Bhushan Singh, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Jiyaram Yadav with a prayer to release him on bail in Case Crime No. 1176 of 2017, under Sections 323, 504, 308 IPC, Police Station Vijay Nagar, District- Ghaziabad, during pendency of trial.
Argument is that on account of scuffle between the parties, injured fell down on bricks, which resulted into fracture on his scalp. The applicant is absolutely innocent and 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 14.11.2018 In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA and Sri Chandra Bhushan Singh, learned counsel appearing on behalf of the informant has vehemently opposed the prayer of the applicant for bail. He has submitted that applicant has taken money from the informant on the false promise of providing house. 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, 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 Jiyaram Yadav 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 :- 29.5.2019 Ruchi Agrahari