Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34621 of 2019 Applicant :- Ram Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav,Preeti Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Devendra Kumar Tiwari, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ram Singh with a prayer to release him on bail in Case Crime No. 0126 of 2019, under Sections- 307, 323, 504 and 506 I.P.C., Police Station- Charkhari, District- Mahoba, during pendency of trial.
It is argued by the learned counsel for the applicant that applicant has been assigned the role of causing blows from axe. There is no such injury found on the body of injured. Co-accuseds, Kallu and Shilpendra @ Shilpy, have been enlarged on bail by this Court on 20.8.2019 and 21.8.2019 in Criminal Misc. Application Nos. 33619 of 2019 and 33710 of 2019 respectively. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 20.7.2019. 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 :- 26.8.2019 Ruchi Agrahari