Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13388 of 2017 Applicant :- Tara Chand @ Jhajhan Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Noor Mohammad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant 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 applicant, Tara Chand @ Jhaijhan Lal with a prayer to release him on bail in Case Crime No. 309 of 2016, under Section 307 IPC, Police Station Bhutta, District- Bareilly during pendency of trial.
The argument is that applicant has been falsely implicated in this case because his sister-in-law had earlier lodged the First Information Report under sections 363 and 366 I.P.C. against the brother and father of the informant on 14.7.2016 regarding incident dated 9.7.2016. The present First Information Report has been lodged on 25.10.2016. The injury report is of the private hospital.The injuries are not found to be dangerous to the life.The allegation is that the firing was made on the head of the injured but the injury has been found on the neck of the injured. The applicant is languishing in jail since 10.11.2016, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
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.
Having considered the submissions of the parties, 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 Tara Chand alias Jhajhan Lal 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.
Order Date :- 31.8.2018 Atul kr. sri.