Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18448 of 2018 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Dubey,Akhilesh Tripathi,Bipin Kumar,Manvendra Singh 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, Raju with a prayer to release him on bail in Case Crime No. 36 of 2018, under Sections 364, 506 IPC, Police Station Maharajpur, District- Kanpur Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case on account of suspicion. Thereafter, in the statement of one Janki Devi, she alleged that she saw the applicant, who kidnapped the child alongwith another person. Khushi, who is sister of the kidnapped child, stated that child was kidnapped by the applicant. Learned counsel for the applicant has submitted on the basis of the order- sheet of the trial court, filed in court that charges have been framed against the applicant and co-accused on 3.7.2018. Thereafter, the case is being listed for evidence, but till date no evidence has been led. The dates are regularly being fixed. No witness has appeared before the trial court till date. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 05.02.2018. 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 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 :- 26.8.2019 Ruchi Agrahari