Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17573 of 2019 Applicant :- Ram Surat Opposite Party :- State Of U.P.
Counsel for Applicant :- Vineet Kumar Yadav,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Saroj Kumar Dubey, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Ram Surat with a prayer to release him on bail in Case Crime No. 249 of 2018, under Sections 323, 504, 506, 326 I.P.C., Police Station- Devgaon, District- Azamgarh, during pendency of trial.
It is argued by the learned counsel for the applicant that earlier the F.I.R. has been lodged on 20.11.2018 by the applicant- Ramsurat Gupta against the present informant-Santosh Gupta, Sunil Gupta and Pavan Kumar Gupta for the incident which happened on 20.11.2018 at 08:00 a.m. For the same incident the present F.I.R. has been lodged by Santosh Gupta against Rambachan, Ram Surat (applicant) and Chandan. It is next submitted that the F.I.R.s have been lodged from both sides and both sides have received injuries. It is next submitted that who, out of the two rival groups, is the aggressor, cannot be determined at this stage. It is next submitted that the applicant has no criminal history to his credit and he is in jail since 09.01.2019 and in case, he is released on bail, he 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 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 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 :- 26.4.2019 JK Yadav