Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16239 of 2019 Applicant :- Poojak @ Situ Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant and 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, Poojak @ Situ with a prayer to release him on bail in Case Crime No. 205 of 2018, under Sections 307, Police Station- Saifai, District- Etawah, during pendency of trial.
As per the FIR four persons have been assigned to the role of assaulting the victim by firing. In the first statement of injured specific role has been assigned to accused person whereas in the second statement which has been recorded after 23 days of the incident role of causing injury has been assigned to the applicant. Seeing the variation in the version of the injured as well as the period of detention i.e., 13.09.2018 the counsel for the applicant requests for bail. The applicant is languishing in jail since 13.09.2018. The applicant has no criminal history. 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 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 :- 30.4.2019 Ujjawal