Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20790 of 2018 Applicant :- Mukesh Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Madhusudan Dikshit,Rajesh Kumar Namdev,Saba Khan,Syed Faiz Hasnain Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Syed Faiz Hasnain, learned counsel for the applicant, 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 applicant, Mukesh Sharma with a prayer to release him on bail in Case Crime No. 72 of 2018, under Section 304 I.P.C., Police Station- Gagalhedi, District- Saharanpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per the prosecution story, the applicant belongs to the same village of first informant and injured. On 11.03.2018 at 09:00 p.m., the function of horse riding, which was scheduled at the house of Jaiprakash, in which the applicant-Mukesh Sharma, brother of Jaiprakash was enjoying the parties and using his licensee weapon started firing and it was by chance, the injury was caused to injured. In the statement of the injured, the same story has been reiterated. It is next submitted that by earlier order dated 07.01.2019, the status report of the present case was called from the concerned court through District Judge. In compliance of which, report dated 15.1.2019 has been received in the office wherein eight witnesses have been examined before the trial Court but they did not support the prosecution case and turned hostile. It is next submitted that perusal of the entire order sheet, which has been appended as Annexure S.A.-1, goes to show that there are no chance of conclusion of trial in near future. The applicant is languishing in jail since 11.04.2018. The applicant does not have any previous criminal history. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has 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.
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 applicant involved in the aforesaid crime be released on bail on his 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 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 :- 29.4.2019 JK Yadav