Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34544 of 2019 Applicant :- Ranjeet @ Vakeel Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Bans Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.
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, Ranjeet @ Vakeel Yadav with a prayer to release him on bail in Case Crime No. 72 of 2019, under Sections 147, 148, 307, 504 IPC, Police Station Phephana, District- Ballia, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that applicant alongwith co-accused Ramnath are alleged to have fired on the injured. However only one gun shot wound has been found on the body of the injured and it is not clear who caused the same. It has been further submitted that there is old enmity of the applicant with injured.Applicant as well as injured have criminal history. The criminal history of the applicant has been properly explained in paragraoh-17 of the affidavit filed in support of the application. The applicant is languishing in jail since 23.5.2019. 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 Ranjeet @ Vakeel Yadav 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 Atul kr. sri.