Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34647 of 2019 Applicant :- Pankaj And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Pankaj and Jagatpal Singh @ Jaggu with a prayer to release them on bail in Case Crime No. 205 of 2018, under Sections 147, 148, 149, 323, 324, 325, 326, 308, 504, 506 IPC, Police Station Jasrana, District- Firozabad, during pendency of trial.
It is argued by the learned counsel for the applicants that the main role has been assigned to co-accuseds, Ranjeet and Raju, of causing blows from Farsa and Sariya respectively. The applicants have not been assigned any specific role of causing injury to the injured. General role has been assigned to the applicants. The applicants are languishing in jail since 24.7.2019. They do not have any criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above 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 applicants involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Ruchi Agrahari