Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22574 of 2019 Applicant :- Raju And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mrityunjai Dwivedi, Advocate holding brief of Sri Pramod Kumar Dwivedi, learned counsel for the applicants, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Raju and Ram Dayal with a prayer to release him on bail in Case Crime No. 1472 of 2017, under Sections 308, 323, 504, 506 I.P.C., Police Station- Sadabad, District- Hathras, during pendency of trial.
It is argued by the learned counsel for the applicants that as per the allegations made in the F.I.R., on 01.12.2017 at about 04:00 p.m., when the informant is returning after throwing the garbage, she met the co-accused-Smt. Rajua, who started abusing her and on objection raised by her, all the accused persons came the house of the informant and the co-accused- Jaidev assaulted the informant's son-Rajpal (injured) by Tachiya, due to which he sustained injuries on his head whereas Raju and Ramdayal (applicants herein) assaulted the injured by iron rod, due to which he sustained injury on his shoulder and leg. When the informant went to save him, she was also pushed by the accused persons and on screaming, they ran away after threatening her. It is next submitted that as per the statement of the injured, the role of causing injury has been assigned to all the accused persons, however, in the statement of informant, who is mother of the injured, the co-accused-Jaidev has been attributed specific role of causing injury to the injured on his head, which is grievous in nature. The case of the applicants are being distinguished from that of other co-accused-Jaidev. The applicants are languishing in jail since 23.04.2019. The applicants do not have any previous criminal history. In case, they are released on bail, they 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 applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties 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 applicants involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 JK Yadav