Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30162 of 2019 Applicant :- Junaid Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant, Sri Om Prakash Mishra, 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, Junaid with a prayer to release him on bail in Case Crime No. 253 of 2019, under Sections 393, 307 IPC, Police Station-Khurja Nagar, District-Bulandshahr, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. According to the prosecution case, on 01.05.2019, three unknown persons came on motorcycle and tried to snatch bag having some rupees in it from the neighbour of the informant but not succeeding in to do so, they fired upon him, due to which he sustained injury in his abdomen and after eight days of the alleged incident, the applicant and Saddam were arrested on the basis of confessional statement. The co-accused-Saddam has already been granted bail by another Bench of this Court vide order dated 21.06.2019 passed in Criminal Misc. Bail Application No. 24859 of 2019, copy of which order has been passed on to the Court today is kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 08.05.2019. The criminal history of applicant has been explained in paragraph nos.3 to 12 of the supplementary affidavit is support of bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
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.
Having considered the submissions of the parties 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 :- 30.7.2019 JK Yadav