Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53412 of 2021 Applicant :- Siyaram And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants with a prayer to release him on bail in Case Crime No.391 of 2015 (State Vs. Abhindrda and others), registered under Sections 147, 148, 149, 307, 302, 323, 504, 325/34 I.P.C., Police Station- Shamshabad, District-Farrukhabad, during pendency of the trial.
Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Applicants were named in the F.I.R. but the Investigating Officer had not found any evidence against the applicants, therefore, he eliminated the name of the present applicants and submitted the charge-sheet against the other co- accused persons. On an application filed under Section 319 Cr.P.C. by the informant, applicants have been summoned by trial Court. Learned counsel for the applicants further submitted that co-accused persons in the same case have already granted bail by co-ordinate Bench of this Court and the copies of their bail orders are annexed as Annexure No.9 to the bail application. The applicants are languishing in jail since 12.11.2021. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. opposed the bail prayer of the applicant.
Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the Apex Court view pertain to the Article 21 of the Constitution of India held in In human conditions in 1382 Prisons, In re: (2017) 10 SCC 658 and the mandate laid down by 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, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants- Siyaram & Neelesh, who are involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
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. The applicants shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.12.2021 Sachin Tiwari/-