Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17017 of 2018 Applicant :- Sarik Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhitab Kumar Tiwari,Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
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, Sarik with a prayer to release him on bail in Case Crime No. 63 of 2017 (S.T. No. 18216 of 2017), under Sections 147, 148, 149, 302, 201, 120-B IPC, Police Station Nauchandi, District- Meerut, 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. It is submitted that applicant was not named in the First Information Report. The name of the applicant surfaced in the confessional statement of co-accused Mayank Agrawal and Ran Singh.Co-accused Mayank Agrawal @ Chintu has already been granted bail by this court vide order dated 25.5.2017 passed in Criminal Misc. Bail Application No. 18489 of 2017. The applicant is languishing in jail since 20.5.2017.He has one case of criminal history which has been explained in rejoinder affidavit. 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 prayer for bail 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 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 Sarik 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 :- 21.8.2019 Atul kr. sri.