Allahabad High Court
Ranjeet vs State Of U.P. on 25 September, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36556 of 2019 Applicant :- Ranjeet Opposite Party :- State Of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.,Bhism Pal Singh Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ranjeet, with a prayer to release him on bail in Case Crime No.205 of 2018, under Sections 147, 148, 149, 323, 324, 325, 326, 308, 504 and 506 IPC, Police Station Jasrana, District- Firozabad, during pendency of trial.
Submission is that implication in the present case is due pendency of another Case Crime No. 0189 of 2018, under Sections 147, 149, 323, 302, 504 IPC, wherein one Rajendra, who was father of the applicant, died and FIR was registered on 11.5.2018 against informant side. It has further been submitted that applicant has been assigned the role of causing injury by axe to Netrapal, but no fracture was found on the head of the injured as per medical report. The applicant has no criminal history to his credit and he is languishing in jail since 16.8.2019 In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. as well as learned counsel for the informant 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 :- 25.9.2019 Ruchi Agrahari