Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29840 of 2019 Applicant :- Pankaj Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajeev Kumar Srivastava, 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, Pankaj Chaudhary with a prayer to release him on bail in Case Crime No. 333 of 2019, under Sections 307, 323, 452, 504, 506 I.P.C., Police Station- Vrindaban, District- Mathura, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 21.04.2019, at about 10:00 p.m., that the informant was in her house then the accused persons Karan and Pankaj (applicant) came along with two other persons in her house. They started using abusive language and Pankaj (applicant) hit the informant on her head by tamancha due to which she has sustained injuries and thereafter, co-accused Karan fired at her but she narrowly escaped. It is next submitted that the statement of the injured is same as per the prosecution story. Injuries are simple in nature. The applicant is falsely been implicated in the present case due to earlier enmity. The applicant is languishing in jail since 04.06.2019. The criminal history of applicant has been explained in paragraph no.15 of the affidavit in support of bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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 deserve 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 :- 25.7.2019 Priya