Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40189 of 2019 Applicant :- Tanveer And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari 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 Tanveer and Gulzar with a prayer to release them on bail in Case Crime No. 142 of 2019, under Sections 147, 148, 149, 307, 411, 413, 414 IPC, Police Station Kila, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive.It is submitted that for implication of applicants under Section 307 IPC causing injury or not causing the same is not relevant. Intention to cause the murder is relevant. Intention of the applicant was only to evade arrest by the police and he fired only to frighten the police. For implication under Section 307 I.P.C. intention forms necessary ingredient of offence in any particular case. It necessarily precedes the act and should be discernible from the allegations on record, which is lacking in this case. Criminal history of the applicant has been explained in paragraph-9 of the affidavit filed in support of the application. The applicants are languishing in jail since 11.4.2019. 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 prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve 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, 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 applicants Tanveer and Gulzar 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.9.2019 Atul kr. sri.