Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30042 of 2019 Applicant :- Satish Simon And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicants in the Court today is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 78 of 2019, under Sections 147, 323, 308, 354(B), 392, 506 I.P.C., Section 7/8 POCSO Act and Section 7 Criminal Law Amendment Act, P.S. Sukhpura, district-Ballia and is in jail since 31.5.2019, are seeking enlargement on bail during the trial.
Learned counsel for the applicants submitted that there is a cross version of the incident. Three persons received injuries from the side of the prosecution, while four persons received injuries from the side of the defense, which the prosecution has not been able to explain. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. He lastly submitted that the applicants have no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicants are languishing in jail since 31.5.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. However, the factual aspect has not been disputed by him.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicants are entitled to be enlarged on bail during the pendency of the trial.
Let the applicants, Satish Simon and Shrawan Kumar be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 78 of 2019, under Sections 147, 323, 308, 354(B), 392, 506 I.P.C., Section 7/8 POCSO Act and Section 7 Criminal Law Amendment Act, P.S. Sukhpura, district-Ballia subject to the following conditions:-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2019 Faridul