Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33985 of 2019 Applicant :- Kuldeep Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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, Kuldeep with a prayer to release him on bail in Case Crime No.583 of 2018, under Sections 124-A IPC, Police Station Siana, 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 on 22.7.2019.
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 Kuldeep 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 :- 21.8.2019 Ruchi Agrahari