Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30693 of 2019 Applicant :- Sitaram Opposite Party :- State Of U.P. Counsel for Applicant :- R.C. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri R.C. Maurya, learned counsel for the applicant, Sri O.P. Mishra, 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, Sitaram with a prayer to release him on bail in Case Crime No. 15 of 2019, under Sections 323, 326, 324, I.P.C. Police Station- Mansukhpura, District- Agra, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R. regarding the incident, on 16.03.2019, at about 07:00 p.m., when the informant was returning from Raju Khera, on the way, she was called by Geeta Devi and when the informant stopped, the applicant came there and started beating her. On hearing the noise of the informant, her husband reached there and tried to save his wife. The husband of the informant was also beaten by the applicant due to which he has sustained injuries and has lost 2-3rd of his right ear. It is next submitted that as per the injury report, the injury has been sustained to the injured by any hard blunt object except the sharp edge weapon, whereas, in the statement of the injured it is said that the applicant hit him by sharp edge weapon. It is further argued that the applicant and the injured are real brothers and due to sudden quarrel between the two, the incident took place and it is by-chance the injured has sustained injuries. It has not been caused by any sharp blunt object. The applicant is languishing in jail since 21.06.2019. The applicant has no criminal history except in the present case. 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 deserve 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 :- 31.7.2019 Priya