Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30424 of 2019 Applicant :- Room Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Om Narayan Pandey, learned counsel for the applicant, Sri P.K. Shahi, 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, Room Singh with a prayer to release him on bail in Case Crime No. 369 of 2018, under Sections 307, 504, 506 I.P.C., Police Station- Sindhauli, District- Shahjahanpur, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 15.08.2018 at about 08:30 p.m., when the informant was sitting in front of his house, his neighbours, namely, Room Singh (applicant herein), Harnandan Singh and Laxman, who were in drunken condition, came there and started speaking stupid things, when he objected the same, they started using abusive language against him and the applicant fired upon him, due to which, he sustained injuries on his left hip and Amit, who was standing nearby also sustained injuries. As per the medical report, the injuries sustained by the injured are simple in nature and the same are on non-vital part of the body. It is further argued that the other co-accused persons, namely, Harnandan Singh and Laxman have already been granted bail by the court below. The applicant is languishing in jail since 29.05.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
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 :- 30.7.2019 JK Yadav