Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9465 of 2019 Applicant :- Krishna Murari Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit and rejoinder affidavit filed today are taken on record.
Heard learned counsel 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, Krishna Murari Gupta with a prayer to release him on bail in Case Crime No. 1335 of 2018, under Sections 304, 504, 506 IPC, Police Station Kotwali Farrukhabad, District- Farrukhabad during pendency of trial.
It is argued by the learned counsel for the applicant that first information report has been lodged after 22 days. Allegation against the applicant is that he conducted the operation of the deceased. Submission is that no post mortem report of the body of deceased was conducted and therefore it would be very difficult to arrive at the correct conclusion of crime alleged to have been committed. Applicant does not have any criminal history to his credit. The applicant is languishing in jail since 19.1.2019. 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, 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 Krishna Murari Gupta 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