Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26521 of 2018 Applicant :- Sangram Mishra @ Sushil Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Deo Upahdayay,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A.,Rakesh Prasad,Tushar Kant
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri Vinay Bhushan Upadhaya holding brief of Shri Tushar Kant, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sangram Mishra @ Sushil Mishra with a prayer to release him on bail in Case Crime No. 67 of 2018, under Sections 143, 323, 308, 385, 392, 506 IPC, Police Station Obra, District- Sonebhadra, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.The argument is that informant is the contractor in Obra Plant. The applicant is the Trade Union Leader agitating before the informant regarding payment of wages of the employee employed by the informant. The applicant is languishing in jail since 16.6.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has filed counter affidavit annexing therewith notice dated 27.6.2018 under section 3(2) of U.P. Gangster and Anti Social Activities(Prevention) Act 1970 has been issued against the applicant 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 Sangram Mishra @ Sushil Mishra 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 :- 26.7.2018 Atul kr. sri.