Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21261 of 2019 Applicant :- Ramesh Kumar Alias Ramesh Kumar Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ramesh Kumar alias Ramesh Kumar Chaudhary with a prayer to release him on bail in Case Crime No. 244 of 2004, under Sections 420 IPC, Police Station Sector 24 Noida , District- Gautam Buddh Nagar, during pendency of trial.
The first bail application of the applicant was rejected by this court vide order dated 14.8.2018 and trial court was directed to conclude the trial within six months from the date of production of certified copy of this order before him.
This second bail application has been filed on the ground that trial has not been concluded as yet by the trial court and six months period has already been passed. The order sheet has been brought on record which shows that not even a single witness has been produced by the prosecution. The applicant is languishing in jail since 4.4.2018. 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, 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 Ramesh Kumar alias Ramesh Kumar Chaudhary 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 :- 29.5.2019 Atul kr. sri.