Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22169 of 2018 Applicant :- Vijay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Swati Agrawal,Kailash Pati Singh Yadav,Sheo Prasad Yadav 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 Singh with a prayer to release him on bail in Case Crime No.2519 of 2017, under Sections 302 & 201 IPC, Police Station Line Bazar, District- Jaunpur, during pendency of trial.
It is argued by the learned counsel for the applicant that applicant is husband of the deceased. He has been implicated in this case since dead body of his wife was found 100 meters away from his house in burnt condition. The first informant is brother of the deceased. However before the trial court, the informant and children of the applicant have not supported the prosecution case. Statement of the witnesses has been brought on record by way of supplementary affidavit. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 9.1.2018. 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 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 :- 26.8.2019 Ruchi Agrahari