Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1715 of 2019 Applicant :- Rohtash Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan,Sandeep Kumar Shrivastava,Satish Chandra Mishra Counsel for Opposite Party :- G.A.,Anoop Trivedi,Mohd. Rashid Siddiqui,Satish Chandra Mishra,Vibhu Rai
Hon'ble Siddharth,J.
Heard Sri Satish Chandra Mishra, learned counsel for the applicant, Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Vibhu Rai, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rohtash with a prayer to release him on bail in Case Crime No.73 of 2017, under Sections 147, 148, 149, 302, 307, 504 and 34 IPC, Police Station Khekra, District- Baghpat, during pendency of trial.
It is argued by the learned counsel for the applicant that no specific role has been assigned to the applicant in the first information report. Further submission is that the trial has not been concluded as yet. The applicant has criminal history of one case under Section 323 IPC only. The applicant is languishing in jail since 20.02.2017. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Sri Anoop Trivedi, learned Senior Counsel for the informant. has pointed out that bail of co-accuseds, Pravendra @ Pramendra and Rohan, has been rejected by this Court on 03.8.2018 and trial was directed to be concluded expeditiously. As yet trial has not been concluded. It has further been submitted that accuseds are delaying the trial. The applicant is not entitled to be enlarged on bail. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Learned AGA has also supported the arguments advanced by learned Senior Counsel for the informant.
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 Rohtash 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.
The trial court is directed to conclude the trial in the aforesaid case, within a period of six months, from the date of production of certified copy of this order.
Order Date :- 31.7.2019 Ruchi Agrahari