Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22944 of 2019 Applicant :- Ravikant Chaubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Bijai Prakash Tiwari 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, Ravikant Chaubey with a prayer to release him on bail in Case Crime No. 144 of 2018, under Section 308 IPC, Police Station Mardah, District- Ghazipur, 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. The submission is that applicant has already been enlarged on bail by the court below on 6.10.2018 under sections 323, 504, 325 I.P.C. In the charge sheet section 308 I.P.C. has been added, hence this application has been preferred after rejection of the bail application. It is further submitted that there are general allegations against the four accuseds of causing injuries by 'Lathi and Danda. There is no specific role assigned to the accuseds,therefore, it is not clear who has caused injuries to the injured. The applicant is languishing in jail since 20.5.2019, who is not a previous convict. 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 Ravikant Chaubey 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 :- 31.5.2019 Atul kr. sri.