Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30432 of 2019 Applicant :- Sugreev Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Subhash Chandra Yadav, learned counsel filed his vakalatnama on behalf of the informant today, is taken on record.
Heard Sri Raghvendra Prakash, learned counsel for the applicant, Sri Subhash Chandra Yadav, learned counsel for the informant, Sri Amit Singh Chauhan, 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, Sugreev Singh with a prayer to release him on bail in Case Crime No. 31 of 2019, under Sections 364, 452, 504, 120-B, 506 I.P.C., Police Station- Jiyanpur, District- Azamgarh, 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., on 08.02.2019 at about 07:30 p.m., when the informant's daughter, namely, Sandhya was preparing food in her house, Sugreev (applicant herein) along with three unknown persons having country made pistol in their hand entered into the house of the informant and forcibly took away the daughter of the informant. It is also alleged that the whole incident is conspired by Ramdhani of our village and there are chances of some untowards happening with the daughter of the informant, hence the present F.I.R. has been lodged. It is further argued that after two months 21 days of the incident, the victim returned on her own and her statement under Section 164 Cr.P.C. was recorded in which she has stated that the victim's bhabhi's brother, as well as her aunt's son-in- law, namely, Sugreev (applicant herein) had kept her in a home for about two months, where she was given injunctions, due to which she became unconscious. It is further argued that the applicant's father-in-law and victim's father are real brothers and due to some dispute between the two, the present F.I.R. has been lodged with false and frivolous allegations to falsely implicate the applicant. The story regarding keeping the victim for so many days at one place, appears to be highly improbable.
The applicant is languishing in jail since 15.03.2019. The applicant does not have any previous 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.
Considering the material/evidence brought on record, the submissions made by 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 aforesaid case crime be released on bail on his 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:-
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 :- 30.7.2019 JK Yadav