Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20967 of 2018 Applicant :- Rambaresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav,Na,Sunil Kumar Misra Counsel for Opposite Party :- G.A.,Sunil Kumar Yadav
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant, Sri Sunil Kumar Yadav, learned counsel for the informant, 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, Rambaresh with a prayer to release him on bail in Case Crime No. 530 of 2017, under Sections 147, 148, 149, 307, 452, 323, 506 I.P.C., Police Station- Jasrana, District- Firozabad, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the version of F.I.R., due to some dispute on 21.10.2017, when the informant along with his family members were sitting in front of his house, the applicant along with his brother Shyam Singh, Durgvijay, Vijay Bahadur and three others equipped with country made pistol, lathi and danda, came there and started assaulting them due to which Swaroopa Devi and Brijesh Kumar have sustained injuries. The role of causing injury to Swaroopa Devi has been assigned to the applicant due to which, she sustained injury in the eye whereas the role of causing injury to Brijesh Kumar has been assigned to co-accused- Shyam Singh due to which he sustained injury on left side of chest. It is next submitted that all the injuries are simple in nature. The co-accused-Shyam Singh has already been granted bail by the another Bench of this Court on 17.09.2018 passed in Criminal Misc. Bail Application No. 20718 of 2018, copy of which order has been passed on to the Court today, is kept on record. The applicant is languishing in jail since 15.03.2018. The applicant does not have any previous criminal history. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he 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 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 :- 29.4.2019 JK Yadav