Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30561 of 2019 Applicant :- Narendra Kumar @ Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Beerendra Singh Pal,Manoj Kumar Keshari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Learned A.G.A. was granted time on 19.8.2019 and 5.9.2019 to file counter affidavit along with statement of the injured, but no counter affidavit has been filed.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant Narendra Kumar @ Guddu with a prayer to release him on bail in Case Crime No. 360 of 2018, under Sections 323, 308 IPC, Police Station Dibiyapur, District- Auraiya, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It has been submitted that the intention of the applicant was not to cause culpable homicide not amounting to murder nor there was intention to cause dangerous injury nor he had intention to cause death. No such intention on the part of the applicant is apparent from the allegations on record. For implication under Section 308 I.P.C. intention forms necessary ingredient of offence. It precedes the act and should be discernible from the allegations, which is lacking in this case.The applicant is languishing in jail since 9.7.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail 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 noted above, larger mandate of the Article 21 of the Constitution of India 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 Narendra Kumar @ Guddu 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 :- 26.9.2019 Atul kr. sri.