Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39835 of 2019 Applicant :- Taufeeq @ Bichchhu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivajee Srivastava 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, Taufeeq @ Bichchhu, with a prayer to release him on bail in Case Crime No. 401 of 2012, under Section 307 of IPC, Police Station Chandausi, District- Sambhal during pendency of trial.
Submission of learned counsel for the applicant is that the applicant was earlier granted bail by the court below on 28.09.2012, and he co-operated with the trial and thereafter he could not appear on 19.05.2016, as a result whereof non- bailable warrant was directly issued against the applicant. The applicant was arrested on 25.01.2018 and he is in jail then. It has been submitted that the applicant went outside from the district for earning livelihood and could not get leave to appear before the court. Learned counsel for the applicant further submits that the applicant is in jail for last one year and eight months. It has been further submitted by learned counsel for the applicant that no witness has been produced by the informant before the trial court till date. Applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 25.01.2018. 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 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 trial court is directed to conclude the trial against the applicant within a period of one month 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 :- 26.9.2019 S.K.