Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23474 of 2019 Applicant :- Vimal Kant Chaubey And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Bijai Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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 applications have been filed on behalf of the applicants, Vimal Kant Chaubey, Sonu Chaubey @ Upendrakant Chaubey and Neeraj Chaubey with a prayer to release them on bail in Case Crime No. 144 of 2018, under Section 308 IPC, Police Station Mardah, District- Ghazipur, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. The submission is that applicants have already been enlarged on bail by the court below on 6.10.2018 under sections 323, 504, 325 I.P.C. In the charge sheet section 308 I.P.C. has been added, hence this application has been preferred after rejection of the bail application. It is further submitted that there are general allegations against the four accused of causing injuries by 'Lathi and Danda. There is no specific role assigned to the accused persons, therefore, it is not clear who has caused injuries to the injured. The applicants are languishing in jail since 20.5.2019, who are not previous convicts. 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 prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve 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, 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 applicants Vimal Kant Chaubey, Sonu Chaubey @ Upendrakant Chaubey and Neeraj Chaubey 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 :- 4.6.2019 M. ARIF