Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31718 of 2018 Applicant :- Lallan Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Nitin Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Lallan Singh and Ravi Kumar with a prayer to release them on bail in C.N.R. No. 10154102018, Case Crime No. 472 of 2004, under Sections 420, 418, 272, 273, 487 IPC & 68 Copy Right Act, Police Station Kotwali, District- Ghaziabad, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants were enlarged on bail by the court below on 12.10.2004. Thereafter, the applicants attended the trial upto October/ November, 2015. The applicants are labourers and residing at Jharkhand. They had earlier cooperated the trial for the period of 11 years, but it could not be concluded. Father of the applicant has died in June, 2016 and the applicants went to Jharkhand and they could not return back due to poverty. They started working as labourers there. The applicants are languishing in jail since 24.7.2018. They do not have any criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they 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 applicants Lallan Singh and Ravi Kumar involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each (twice to the amount of earlier sureties) with the following conditions that:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2018 Ruchi Agrahari