Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32542 of 2018 Applicant :- Tushar Sharma And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar (Mishra) 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, Tushar Sharma and Sandeep with a prayer to release them on bail in Case Crime No. 1395 of 2018, under Sections 392, 411 IPC, Police Station Sihani Gate, District- Ghaziabad, during pendency of trial.
The allegation against the applicants is that the applicants have stolen mobile phone. They have been apprehended by the police on the spot. Argument is that the applicants are neighbours and there was dispute regarding some money transaction between the parties, result of which, the applicants have been falsely implicated in the present case with some ulterior motive. The applicants are languishing in jail since 07.7.2018. They do not have any criminal history to their credit. 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 bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves 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 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 Tushar Sharma and Sandeep 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.8.2018 Ruchi Agrahari