Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23588 of 2019 Applicant :- Rajesh And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
It is contended by learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that no specific role has been assigned to the applicant only general allegations have been made against all the accused persons. It is further contended that injuries caused to injured are simple in nature. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. He has further submitted that similarly placed co-accused Veerpal has already been enlarged on bail by another co-ordinate bench of this case vide order dated 30.8.2018, photo copy of the order has been annexed at page 40 of the paper book. Further submission is that applicant who is in jail since 7.5.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail Let applicant Rajesh, Shishupal and Bhagwan Singh be released on bail in Case Crime No. 305 of 2018, under Sections 147, 148, 149, 323, 307, 353, 332, 336, 386, 504, 506 IPC, Police Station- Soron, District- Kasganj, on furnishing personal bond and two sureties each of them in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.6.2019 Rk