Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20933 of 2019 Applicant :- Shani And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- M J Akhtar,Shri V.M. Zaidi, Snr. Adv.
Counsel for Opposite Party :- G.A.,K.C. Mishra
Hon'ble Siddharth,J.
Heard Shri V.M. Zaidi, learned Senior Advocate assisted by Shri M.J. Akhtar, learned counsel for the applicants, learned AGA for the State and Shri K.C. Mishra, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicants, Shani and Mahipal with a prayer to release them on bail in Case Crime No. 117 of 2019, under Sections 147, 148, 149, 308, 323, 452, 504, 506 IPC, Police Station Jani, District- Meerut, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.From the allegation in the First Information Report and also from the statement of injured, Haridas, it is not clear who has caused the grievous injuries to the victim. There are nine accuseds and there is no specific role assigned to the accuseds. The applicants are languishing in jail since 24.3.2019, who are not a previous convict. In case, the applicants are released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they 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 applicants Shani and Mahipal 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicants do not cooperate with the investigation it shall be open for the informant to move an application before this court for cancellation of 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.5.2019 Atul kr. sri.