Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30074 of 2019 Applicant :- Tej Bahadur Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Shri Krishan Yadav, learned counsel for the applicant, Sri Prashant Kumar, 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, Tej Bahadur Maurya with a prayer to release him on bail in Case Crime No. 96 of 2019, under Sections 307, 34, 504, 506, 326 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Chaubepur, District- Varanasi, during pendency of trial.
It is argued by the learned counsel for the applicant that for the incident dated 21.03.2019 at about 09:30 p.m., the F.I.R. has been lodged on 22.03.2019 at about 03:16 hours against the four accused persons including the applicant. As per the allegations made in the F.I.R., on 21.03.2019 near community health centre in the light of solar and halogen, the D.J. was being played on the occasion of festival of holi. It is also alleged that Dileep Maurya, Tej Bahadur Maurya (applicant herein), Kashi Naresh Maurya, Shamsher Maurya came on two motorcycles and abused the persons, who were enjoying the holi festival. They also objected for playing of the D.J. and when the persons stated that they were enjoying as the festival comes only once in a year on which the co-accused-Dilip Maurya exhorted and all of them made indiscriminate firing upon them, due to which uncle of the informant, namely, Karma Prasad, cousin brothers, Pintu @ Naveen Chauhan, Akshay Chauhan and Prem Kumar have sustained injuries. The role of firing has been assigned to the co-accused-Dilip Maurya while only role of exhortation has been assigned to the applicant. It is further argued that for the aforesaid incident, the applicant also made a complaint on portal regarding the dispute between the parties in which ten persons from the side of applicant and four persons from the informant's side have sustained injuries. No role of causing injury has been assigned to the applicant, hence, the case of the applicant is distinguishable from that of other co-accused persons. The applicant is languishing in jail since 22.03.2019. The applicant does not have any previous criminal history. 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 :- 26.7.2019 JK Yadav