Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33813 of 2018 Applicant :- Monu Pandey And 2 Others Opposite Party :- Union Of India And 4 Others Counsel for Applicant :- Atul Kumar Srivastava Counsel for Opposite Party :- Rajnish Kumar Rai
Hon'ble Vivek Kumar Singh,J.
Heard Sri Atul Kumar Srivastava, learned counsel for the applicants, Sri Vijay Kumar Rai, Advocate holding brief of Sri Rajnish Kumar Rai, learned counsel for opposite party and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. There is no independent and impartial witness of the alleged incident. It is further submitted that the prosecution story cooked up against the applicants is highly improbable and unbelievable. It is also submitted that the recovery which has been made is false, fabricated and planted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicants who were in jail since 17.03.2018 have no other criminal history and there is also no possibility of their 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 counsel for opposite party opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.
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 Monu Pandey, Rohit @ Tauhid and Sartaz @ Lalla be released on bail in Case Crime No. 07 of 2018, under Sections 3 R.P. (U.P.) Act, Police Station- R.P.F. Shahjahanpur, District- Shahjahanpur 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 :- 5.9.2018 Arti