Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40161 of 2019 Applicant :- Umesh Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant,learned AGA for the State and Shri R.S. Dubey, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant no.2. Dinesh Yadav with a prayer to release him on bail in Case Crime No. 291 of 2015, under Sections 147, 452, 325, 308, 323, 504, 506 IPC, Police Station Pipiganj, District- Gorakhpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It has submitted that applicant no.2 has been assigned general role. He is languishing in jail since 13.8.2019, 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. and learned counsel for the informant have opposed the prayer for bail of the applicant no.2 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 without expressing any opinion on the merits of the case, let the applicant no.2 Dinesh Yadav 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.
Learned counsel for the informant has submitted that applicant no.1 Umesh Yadav has assaulted the injured by rod.
Learned counsel for the informant prays for and is granted three weeks' time to file counter affidavit with regard to applicant no.1 Umesh Yadav.
Put up this case on 23.10.2019 as a fresh case for consideration of bail application of the applicant no.1, Umesh Yadav.
Order Date :- 27.9.2019 Atul kr. sri.