Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14499 of 2019 Applicant :- Satendra Alias Laddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Narain Rai,Sandeep Kumar Rai Counsel for Opposite Party :- G.A.,Satya Prakash Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Shyam Narain Rai, learned counsel for the applicant, Sri Satya Prakash Singh, learned counsel for the informant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Satendra Alias Laddu with a prayer to release him on bail in Case Crime No. 1088 of 2018, under Sections 307,504, 452 I.P.C., Police Station- Dadri, District- Gautam Budh Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per the allegations made in the F.I.R., when the informant along with his family members were sitting in his house, the applicant and two other accused persons entered his house and fired on the father of the informant due to which he sustained injuries. In the statement of the injured, nobody has been specified the role of causing injury. It is next submitted that the injury sustained by the injured is on non vital part. The applicant is languishing in jail since 03.12.2018. The criminal history of applicant has been explained in paragraph no.3 of the supplementary affidavit in support of bail application. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
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 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 :- 30.4.2019 JK Yadav