Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31778 of 2018 Applicant :- Sahansarpal @ Sensar Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Swetashwa Agarwal 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, Sahansarpal @ Sensar Pal with a prayer to release him on bail in Sessions Trial No. 485/2017 relating to Case Crime No. 137 of 2013, under Sections 395 & 397 IPC (added Sections), Police Station Bhaurakala, District- Muzaffarnagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has already been enlarged on bail vide order dated 21.5.2014, under Sections 147, 148, 149, 353, 332, 302, 436, 153-A IPC & 7 Criminal Law Amendment Act, Police Station Bhaurakala, District Muzaffarnagar. Sections 395 & 397 IPC have been added in the charge-sheet submitted by the Investigating Officer before the police. The applicant has applied for bail under the aforesaid Sections before the court below, but his bail application has been rejected, hence this bail application.
Argument is that there is no evidence against the applicant for substantiating the charge under the added Sections and from the first information report, no such offence is made out against the applicant. The applicant is in jail last about five years. There is criminal history of one case to his credit, which is explained in paragraph No. 32 of the affidavit in support of the bail application. The applicant is languishing in jail since 09.11.2013. 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 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.
Having considered the submissions of the parties 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 Sahansarpal @ Sensar Pal involved in the aforesaid crime be released on bail under Sections 395 & 397 IPC on his furnishing same personal bond and sureties as taken in pursuance of the earlier bail order dated 21.5.2014, 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 :- 21.8.2018 Ruchi Agrahari