Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13234 of 2019 Applicant :- Prem Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Shesh Narain Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant 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 applicant, Prem Prakash with a prayer to release him on bail in Case Crime No. 983 of 2017, under Section 302 IPC, Police Station Lalganj, District- Basti, during pendency of trial.
Submission is that applicant was informant and he lodged the FIR regarding the murder of his father after one year. Police has recorded the statement of Dayaram, wherein applicant has been implicated as an accused. It has been submitted that police has falsely implicated the applicant in the murder of his own father on the basis of statement of witness whose statement has been recorded after about one year of the incident. Applicant does not have any criminal history to his credit. The applicant is languishing in jail since 27.10.2018. 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 prayer for bail 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, larger mandate of the Article 21 of the Constitution of India 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 Prem Prakash 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 :- 31.7.2019 Ruchi Agrahari