Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40676 of 2019 Applicant :- Vijay Kumar Rao @ Sundar Dayal Rao Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Lal Shukla 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, Vijay Kumar Rao @ Sundar Dayal Rao, with a prayer to release him on bail in Case Crime No. 109 of 2016, under Sections 364, 380, 341, 406 IPC, Police Station Khorabar, District- Gorakhpur, during pendency of trial.
Submission is that applicant has been falsely implicated in this case by the informant for ulterior motives. The incident, wherein the daughter-in-law of the informant, namely, Kiran, was missing, took place on 18.6.2015. Application was sent to SSP on 14.7.2015 and 7.11.2015, but the report was not lodged. Thereafter, application under Section 156 (3) Cr.P.C. was filed and FIR was registered on 10.2.2016 after the order of court below. It has been submitted that there was marital dispute between Kiran Chand, her husband and members of her matrimonial home. The victim left her house. Her father and sister stated that members of matrimonial home did not permit to talk to her parents and other family members. The applicant has no criminal history to his credit and he is languishing in jail since 28.8.2019. 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 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 :- 30.9.2019 Ruchi Agrahari