Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19558 of 2019 Applicant :- Saurabh Singh @ Prince Opposite Party :- State Of U.P.
Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.,Deepak Dubey
Hon'ble Siddharth,J.
Heard Sri V. M. Jaidi, learned Senior Counsel assisted by Sri Abrar Ahmad Siddiqui, learned counsel for the applicant, Sri Deepak Dubey, learned counsel for 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, Saurabh Singh @ Prince with a prayer to release him on bail in Case Crime No. 853 of 2018, under Sections 302, 307, 120-B, 34 IPC, Police Station Colonelganj, District- Allahabad, during pendency of trial.
It is argued by the learned counsel for the applicant that applicant has not been assigned any role of firing. He is alleged to have been accompanied co-accused, Ashutosh Tripathi. The applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 12.11.2018. 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, 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 Saurabh Singh @ Prince 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.
The trial court is directed to conclude the proceeding in the aforesaid case, within a period of two years, from the date of production of certified copy of this order.
Order Date :- 31.7.2019 Ruchi Agrahari