Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49203 of 2018 Applicant :- Ram Briksh Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sanjay Kumar Rai, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of 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 submitted that applicant is aged about 68 years old and he has not committed any offence as alleged by prosecution. It is also submitted that the present proceedings is nothing but as a counter blast to the proceedings initiated by the applicant. It is also contended that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant is in jail since 22.11.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. It is further submitted that the criminal history of the applicant has properly been explained in para 16 and 17 to the affidavit filed in support of bail application. 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 Ram Briksh Rai be released on bail in Case Crime No. 3910 of 2017, under Sections 3/5 Prevention of damage to Public Property Act, 1984, Police Station- Kotwali, District- Ghaizipur on furnishing a personal bond and two sureties (Rs. Two Lacs each) (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial 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 :- 20.12.2018 Arti