Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17601 of 2019 Applicant :- Ramashray @ Ramasare Yadav And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kamal Kishor Mishra, learned counsel for the applicants, 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 applicants, Ramashray @ Ramasare Yadav, Tarapati and Manti with a prayer to release him on bail in Criminal Case No. 466 of 2017 arising out of Case Crime No. 73 of 2017, under Sections 308, 323, 504 IPC, Police Station- Bansgaon, District- Gorakhpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. The co-accused-Anju @ Anil Yadav has been granted bail by another Bench of this Court vide order dated 25.02.2019 passed in Criminal Misc. Bail Application No. 5660 of 2019 , copy of which order has been appended as Annexure no. 9 at page no.41 of the affidavit accompanying with the bail application and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are languishing in jail since 02.01.2019. 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.
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, he does 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 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 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 :- 26.4.2019 JK Yadav