Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34173 of 2019 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Ms. Shreya Gupta, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sachin with a prayer to release him on bail in Case Crime No. 84 of 2019, under Sections 452, 307, 323, 324, 325 IPC, Police Station Heempur Deepa, District- Bijnor, during pendency of trial.
It is argued by the learned counsel for the applicant that there is no specific role assigned to the applicant although he has been implicated as one of the accused. The applicant is a student. Role of the applicant is different from the other accuseds. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 18.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per Contra, Ms. Shreya Gupta, learned counsel for the informant has submitted that although the applicant has not been assigned any specific role, but it has clearly been alleged that he was carrying dangerous weapon and there are grievous injuries found to the injureds. 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.
Learned A.G.A. has also supported the argument advanced by learned counsel for the informant.
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 Sachin 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 :- 22.8.2019 Ruchi Agrahari