Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29989 of 2019 Applicant :- Lokesh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sumit Kumar Srivastava, learned counsel for the applicants, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Lokesh and Pappu @ Vijay with a prayer to release him on bail in Case Crime No. 422 of 2019, under Sections 323, 324, 307 I.P.C., Police Station- Gangoh, District- Saharanpur, during pendency of trial.
It is argued by the learned counsel for the applicants that as per the allegations made in the F.I.R., the husband of the informant, namely, Sanju had gone along with Lokesh (applicant), Pappu (applicant), Omveer and Manoj for doing his labour work. On 02.05.2019 at 06:00 a.m., there was dispute between them with respect to preparation of food, during course of hot talks, Omveer hit Sanju by sharp edge weapon, due to which he has sustained serious injuries in his stomach. In the statement of the injured also, the role of causing injury to the injured has been assigned to Omveer by sharp edge weapon. No specific role for causing injuries to the injured has been assigned to the applicants. Therefore, the case of the applicants are distinguishable from that of the other co-accused-Omveer, against whom there is specific allegation of causing injury to the injured. The applicants are languishing in jail since 11.05.2019. The applicants do not have any previous criminal history. In case, they are released on bail, they 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 applicants fleeing away from judicial process or tampering with the witnesses.
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 involved in the aforesaid crime be released on bail on their 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 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 :- 26.7.2019 JK Yadav