Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29663 of 2019 Applicant :- Shahrukh @ Sameer Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kartikey Singh, learned counsel for the applicant, Sri Prashant Kumar, 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, Shahrukh @ Sameer with a prayer to release him on bail in Case Crime No.194 of 2019, under Sections 2/3 U.P. Gangster Act & Anti Social Activities (Prevention) Act, Police Station- Chhata, District- Mathura, during pendency of trial.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been made by the police.
He further submitted that in the gang chart four cases are shown against the accused-applicant, which are as follows:
i) Case Crime No. 38 of 2019, under Sections 457, 380, 411 I.P.C., P.S.-Chhata, District- Mathura.
ii) Case Crime No. 661 of 2018, under Sections 457, 380, 411 I.P.C., P.S.-Chhata, District Mathura.
iii) Case Crime No. 95 of 2019, under Sections 147, 148, 149, 307 I.P.C., P.S.-Chhata, District- Mathura.
iv) Case Crime No. 51 of 2019, under Sections 147, 148, 149, 307, 427 I.P.C., P.S.-Shergarh, District- Mathura.
In all the cases, he has been released on bail. The applicant is languishing in jail since 24.06.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 25.9.2019 JK Yadav