Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28565 of 2018 Applicant :- Om Prakash Yadav @ Pujari Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Sri Anil Kumar Pathak, Advocate has filed Vakalatnama on behalf of the informant, which is taken on record.
Heard learned counsel for the applicant, Sri Anil Kumar Pathak, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Om Prakash Yadav @ Pujari with a prayer to release him on bail in Case Crime No. 87 of 2017, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Swaroop Nagar, District- Kanpur Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the first information report was delayed by 13 years. The applicant is stated to be a marginal witness of a Will. There is no presumption in law that the marginal witness is conversant with the genuineness. The applicant is languishing in jail since 7.6.2018. He does not have any criminal history to his credit. 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 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 Om Prakash Yadav @ Pujari 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 :- 31.7.2018 Ruchi Agrahari