Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34846 of 2019 Applicant :- Sarvan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed today 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, Sarvan with a prayer to release him on bail in F.I.R. No.0134 of 2019, under Sections 323, 324, 307, 504, 506 IPC, Police Station Salempur, District- Bulandshahar, during pendency of trial.
Submission is that there is allegation of causing injury on the head of injured, Babli. In the statement of the injured, it has come that first informant was not present on the spot and when he alongwith his brother came back to the house, FIR was lodged and medical treatment of injureds was done. Other injured has also admitted this fact. It has been submitted that first informant has lodged the FIR making allegation against the applicant, who was not present on the spot. No injury has been suffered by the first informant. No specific role has been assigned to the applicant in the statement of injured and general allegations have been made against all the accuseds. It has further been submitted that it was a case of sudden provocation and offence under Section 307 is not attracted to the present case. The applicant has criminal history to his credit and is languishing in jail since 16.5.2019. 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 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 :- 26.9.2019 Ruchi Agrahari