Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33607 of 2018 Applicant :- Sonpal And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Sonpal, Deepak Kumar, Sumit Kumar and Phool Singh with a prayer to release them on bail in Case Crime No. 152 of 2018, under Sections 457, 380, 411 IPC, Police Station Nagar, District- Basti, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants are not named in the first information report. The applicants have been implicated in 11 cases simultaneously. The applicants are languishing in jail since 29.5.2018. They do not have any prior criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they 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 applicants Sonpal, Deepak Kumar, Sumit Kumar and Phool Singh involved in the aforesaid crime be released on bail on their 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 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.
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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 5.9.2018/Ruchi Agrahari