Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40850 of 2019 Applicant :- Vineet Raj Bhusan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey 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 Vineet Raj Bhusan with a prayer to release him on bail in Case Crime No.
455 of 2019, under Sections 279,504, 308, 325 IPC, Police Station Kasna/Beeta-2, District- Gautam Budh Nagar, 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 is further submitted that there was relationship of the applicant with informant. Earlier also victim has implicated the applicant in case crime no. 325 of 2018 under sections 354, 392, 506 I.P.C and he approached this court by way of Criminal Misc. Writ Petition No. 9061 of 2019 and was granted staying of arrest till the submission of police report under section 173(2) Cr.P.C. Injury report has been obtained from the private hospital. Supplementary affidavit filed today by the learned counsel for the applicant bringing on record the discharge summary of the injured-informant shows that the date of admission of the victim was 27.5.2019 and she was discharged on 21.6.2019.There was prior dispute between them. The applicant is languishing in jail since 11.7.2019, 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. 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 Atul kr. sri.