Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29787 of 2019 Applicant :- Taranjot Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ghanshyam Das Mishra, learned counsel for the applicant, Sri Om Prakash Mishra, 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, Taranjot Singh with a prayer to release him on bail in Case Crime No. 371 of 2018, under Sections 420, 364A, 392, 323, 504, 506, 386, 342, 120B I.P.C., Police Station-
Sungarhi, District Pilibhit, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further argued that the informant Randeep Singh and his friend Gurpreet Singh had given certain amount to the applicant-Taranjot Singh, under the promise that the informant and his friend will be helped in getting job in Canada. It is further argued that the compromise has been entered into between the parties. It is further argued that the co-accused Harpal Singh having identical role has already been granted bail by this Court vide order dated 02.05.2019 passed in Criminal Misc. Bail Application No. 15779 of 2019, hence the applicant is also liable to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 29.09.2018. 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.
Having considered the submissions of the parties 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 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 :- 25.7.2019 JK Yadav