Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34807 of 2019 Applicant :- Sompal Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishwa Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sompal with a prayer to release him on bail in Case Crime No.632 of 2012, under Sections 323, 504 IPC and 3(1)(10) SC/ST Act, Police Station Patwaie District- Rampur, during pendency of trial.
Submission is that applicant was implicated in this case. He was not aware of his implication and was never arrested by the police. From the perusal of the order- sheet of the court below, it appears that the cognizance of the offence on the charge-sheet was taken on 02.11.2012. Thereafter, summons were issued to the applicant for appearance on the same date and thereafter, bailable warrants were issued to him on account of his non-appearance before the the court. There is no finding recorded on the orders-sheet, as to whether, summons were served or not and bailable warrants were issued on 13.5.2013. Thereafter, bailable warrants continued and after number of dates, non- bailable warrants were issued against him on 8.2.2016, without recording any finding, as to whether, bailable warrants were served or not. The applicant has surrendered himself before the court below on 18.6.2019. Bail application of the applicant has been rejected by the court below on 9.7.2019, but even in the bail rejection order there is no finding as to why the matter was lingered for such a long, and summons, bailable warrants & non- bailable warrants were never served on the applicant. Submission is that applicant was not aware of the proceedings and he has been falsely implicated in this case. No offence appears to be made out against him under the provisions of SC/ST Act. The applicant is languishing in jail since 18.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail 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 noted above, 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 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 court below is directed to conclude the trial in the aforesaid case, within a period of one year, from the date of production of certified copy of this order.
Order Date :- 26.9.2019 Ruchi Agrahari