Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22012 of 2018 Applicant :- Sharma Nand Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Mishra,Birendra Singh Khokher,Satyendra Kumar Singh Counsel for Opposite Party :- G.A.,Deependra Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Counter affidavit filed by learned A.G.A. for the State today in the Court, is taken on record.
Counter affidavit filed by learned counsel for the informant today in the Court, is taken on record.
Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.
Heard Sri Birendra Singh Khokher, learned counsel for the applicant, Sri Deependra Singh, learned counsel for the informant, Sri Santosh Kumar Pandey, 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, Sharma Nand with a prayer to release him on bail in Case Crime No. 27 of 2018, under Sections 147, 148, 149, 307, 34, 323, 302 IPC, Police Station-Modi Nagar, District- Ghazabad, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. The co-accused persons, namely, Chhotu and Madan have been granted bail by another Bench of this Court vide order dated 01.11.2018 and 04.01.2019 passed in Criminal Misc. Bail Application Nos. 40095 of 2018 and 215 of 2019, respectively, copy of which orders have been passed on to the Court today are kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 28.01.2018. The applicant does not have any previous criminal history. 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. as well as learned counsel for the informant have 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 :- 29.4.2019 JK Yadav