Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30475 of 2019 Applicant :- Roshan Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharam Veer Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Dharam Veer Singh, 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, Roshan with a prayer to release him on bail in Criminal Case No. 684 of 2016, under Sections 364 I.P.C., Police Station Tronica City, District Ghaziabad, during pendency of trial.
It is argued by the learned counsel for the applicant that the F.I.R. of this case has been lodged by the informant on 25.7.2016 against the applicant and two co-accused. It has been alleged in the F.I.R. that son of the informant Bijendra was called on by the co-accused Harish from his house on 8.7.2016 and thereafter, his whereabouts is not known. Later on, she came to know that applicant and co-accused Pawan were also with Harish on 25.7.2016. It is submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in the present case only on the basis of suspicion.
F.I.R. of the instant case has been lodged after delay of 17 days. It is next submitted that the co-accused-Pawan has been granted bail by another Bench of this Court vide order dated 01.05.2019 passed in Criminal Misc. Bail Application No. 15580 of 2018, copy of which order has been appended as Annexure no. 5 of the affidavit accompanying the bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 29.12.2016. 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.
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 the 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 the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 30.7.2019 Priya