Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41062 of 2018 Applicant :- Manish Saini And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rama Shankar Mishra, learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I for the State and perused the material brought on record.
The submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that no specific role has been assigned to the applicants only general allegations have been made against them. It is also submitted that the injured have not received any grievous injuries on his person all the injuries found on the body of the injured were simple in nature and are on non-vital part. The said fact has been mentioned in para 11 to the affidavit filed in support of bail application. Nothing has been recovered from the possession of the applicants. There is no independent witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. Further submission is that applicants who were in jail since 06.07.2018 have no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicants also undertakes that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicants Manish Saini and Ashu @ Bijendra Saini be released on bail in Case Crime No. 775 of 2018, under Sections 147, 148, 149, 307, 506 IPC, Police Station- Khurja Nagar, District- Bulandshahar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 27.10.2018 Arti