Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34710 of 2019 Applicant :- Surjit Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.,Vijai Kumar Tiwari
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Shri Vijai Kumar Tiwari, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Surjit with a prayer to release him on bail in Case Crime No. 61 of 2019, under Sections 147, 148, 307 IPC, Police Station Sirauli, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is further submitted that there is general allegation of causing injury to the injured by applicant and three unnamed co-accused by axe and 'Haysia'. Doctor has found injury to the injured Satya Prakash is simple in nature and injury caused to the injured Gopi is grievous. It has been submitted that injured Gopi has stated in his statement that all the accuseds caused injuries by axe and knife on his head and face.It has further been submitted that no mention of knife has not been made in the First Information Report. Injuries are found on maxilla, neck, right nasal bone but it is not clear who out of five accused has caused the grievous injury to the injured. The applicant is languishing in jail since 29.4.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed bail and submitted that NCT report of the injured and keeping in view the fact that injuries caused to the injured Gopi is grievous and they have mercilessly beaten the injured Gopi, he is not likely to recover from his injury in his life time, the applicant does not deserves to be released on 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 Surjit 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.
Trial court is directed to conclude the trial within two years, without granting unnecessary adjournment to either of the parties, from the date of production of certified copy of the order before him Order Date :- 26.9.2019 Atul kr. sri.