Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30204 of 2019 Applicant :- Lavlesh Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,Vinay Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Deshraj Garg, learned counsel filed his vakalatnama on behalf of the informant today, is taken on record.
Heard Sri Vinay Kumar Pal, learned counsel for the applicant, Sri Deshraj Garg, learned counsel for the informant, Sri P.K. Shahi, 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, Lavlesh Pandey with a prayer to release him on bail in Case Crime No. 481 of 2019, under Sections 147, 148, 149, 354, 323, 307 I.P.C., Police Station- Karvi, District- Chitrakoot, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is a journalist and from the documents which have been placed on record, it appears that he had moved an application against one of the police personnels, due to which he has been falsely implicated in several cases. It is further argued that the informant's side and the applicant also were inimical to each other due to some other dispute between them, hence the present F.I.R. has been lodged to falsely implicate the applicant in the present case. Though in the F.I.R., there are allegations of sexually assaulting and beating the victim against the applicant but the same does not corroborate with the medical evidence as there is no external or internal injury found on her body. The applicant is languishing in jail since 04.07.2019. The criminal history of applicant has been explained in paragraph no.18 of the affidavit accompanying the 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. as well as learned counsel for the informant have 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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
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