Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34201 of 2019 Applicant :- Sunil Uraon And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Nagendra 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, Sunil Uraon, Mohan Uraon, Suraj Mahto and Bablu Kachhap, with a prayer to release them on bail in Case Crime No.113 of 2019, under Sections 272, 273, 120-B IPC and Section 60 Excise Act, Police Station Karanda, District- Ghazipur, during pendency of trial.
Submission is that the applicants have been implicated under Section 272 and 273 IPC despite existence of Food Safety and Standards Act Act in this regard. The offence under Section 60 of Excise Act is bailable offence and triable by Magistrate. The applicants are alleged to have falsely implicated. The applicants do not have any criminal history to their credit. The applicants are languishing in jail since 03.7.2019. 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 noted above 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 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 :- 22.8.2019 Ruchi Agrahari