Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54680 of 2021 Applicant :- Madna And Another Opposite Party :- State of U.P.
Counsel for Applicant :- R.K Singh Gaharwar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri R.K. Singh Gaharwar, learned counsel for the applicants and Sri Ashwani Prakash Tripathi, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Madna and Vineet, with a prayer to release them on bail in Case Crime No. - 213 of 2014, under Sections - 147, 323, 336, 354, 376-D I.P.C., Police Station - Pisawa, District - Aligarh, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 13.11.2014, the applicants are in confinement since 09.11.2021. The applicants have been detained upon being summoned under Section 319 Cr.P.C.(
(ii) the applicants have no criminal history;
(iii) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicants that no material was found during investigation to implicate the present applicants. Their name had been accordingly expunged from the chargesheet. At the same time, it has been submitted, the main accused against whom chargesheet has been submitted are already in jail.
(iv) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final 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:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the investigation sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Abhilash