Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34224 of 2019 Applicant :- Sangara Singh @ Bhajan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Shanti Dhar Dwivedi, 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, Sangara Singh @ Bhajan Singh with a prayer to release him on bail in Case Crime No. 224 of 2019, under Sections 370, 374 IPC, Police Station Bisalpur, District- Pilibhit, during pendency of trial.
It is argued by the learned counsel for the applicant that the child victim, Irshad, ran away from his house and was working in the Dhaba of Riyasat. The applicant is the resident of same village. The applicant has been falsely implicated in the present case. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 26.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Sri Shanti Dhar Dwivedi, learned counsel for the informant has filed short counter affidavit annexing therewith affidavit of the informant, Jeenat, wherein she has stated that she scolded her son Irshad, who ran away from the house and was working in Riyasat Dhaba near Chini Mill, Bisalpur. It has been submitted that she went to bring back her son. The owner of Dhaba, Riyasat, Afsar and Yasin have stated that they will return the child after fulfilling necessary formalities on papers. Thereafter papers were executed in the police station and she has came back alongwith her son. Thereafter family members of the applicant came to Delhi and stated that a false FIR has been lodged by her and they do not know even her child. She stated that she never lodged any case against them. Therefore she has executed notarial affidavit, which has been annexed as short counter affidavit filed on her behalf by learned counsel for the informant before this Court in this bail application.
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 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