Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30483 of 2019 Applicant :- Pratap Saini Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Abhishek, learned counsel for the applicant, Sri Om Prakash Mishra, 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, Pratap Saini with a prayer to release him on bail in Case Crime No. 657 of 2018, under Sections 394, 307 and 411 of I.P.C., Police Station- Medical College, District- Meerut, during pendency of trial.
It is argued by the learned counsel for the applicant that the F.I.R. has been lodged against three accused persons with the allegation that they committed loot and during the course of loot they caused injury by knife to the injured due to which he has sustained injuries on his neck. As per the medical report, injuries are simple in nature. It is next submitted that the prosecution version is false and fabricated and the applicant is innocent and has falsely been implicated in the present case. The role of causing injury to the injured has been assigned to all the three accused persons as per the version of the F.I.R. and the statement of the injured. He has also pressed the period of detention i.e. 03.09.2018. The applicant has no criminal history except in the present case. 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.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 30.7.2019 Priya