Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16646 of 2018 Applicant :- Siddharth Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharique Ahmed,Shailesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit has been filed today is taken on record.
Heard learned counsel for the applicant and 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, Siddharth Jaiswal with a prayer to release him on bail in Case Crime No. 833 of 2017, under Sections 436, 302, 307, 427, 506 IPC, Police Station- Kalyanpur, District- Kanpur Nagar, during pendency of trial.
The incident is alleged to have taken place on 20.07.2017 at 2.34 a.m. and the FIR was lodged against unknown person on 31.07.2017 at 21.30 p.m by the informant Shrikrishna Kumar Singh who was the owner of the house. It is argued that there is one Riya and her husband Manish who were the tenant of Shrikrishna Kumar Singh. It is alleged that one unknown person wearing helmet, came in front of the gate of informant and poured some inflammable substance on the scooty parked there, with the help of match box he set fire due to which scooty was burning along with other car which was parked near the scooty and the entire premise also caught fire due to which three persons were affected. As per the post mortem report Riya Verma and Manish died due to Suffocation and one Rajneesh Yadav died due to Septicaemia. In the CCTV footage there is nothing in record that the said person is the applicant. The only evidence against the applicant is that in extra judicial confession of one Gita, she has stated that the applicant has accepted his involvement in the incident using telephone of his friend Anshuman Tiwari, Gita has been discharged from the prosecution witness. The applicant is languishing in jail since 07.08.2017. The applicant has no 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. 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.
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.
The trial court is directed to expedite the trial of the present case and conclude the same within six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India & Another reported in AIR 2018 (SC) 2004, if there is no legal impediment. If possible, the trial court shall proceed with the matter on day to day basis.
Order Date :- 30.4.2019 Ujjawal