Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40351 of 2019 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Yadav 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, Rahul, with a prayer to release him on bail in Case Crime No.245 of 2019, under Sections 366 IPC, Police Station Shikarpur, District- Bulandshahar, during pendency of trial.
Submission is that applicant was enlarged on bail for offence under Section 363 IPC. He has been subsequently implicated by the Investigating Officer for offence under Section 366 IPC also. It has been submitted that bail application under the added Section 366 IPC has been rejected by the court below. It has been submitted that applicant has been directed to be released on bail by this Court on 20.8.2019, but he has not been released on account of addition of Section by the Investing Officer in the charge-sheet. The applicant is languishing in jail since 01.7.2019. 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 noted above, 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 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 :- 27.9.2019 Ruchi Agrahari