Allahabad High Court
Rajababu @ Rajju Gupta vs State Of U.P. on 18 November, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48258 of 2019 Applicant :- Rajababu @ Rajju Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Israr Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Parvez Alam, Advocate, holding brief of Sri Mohd. Israr, learned counsel for the applicant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Rajababu @ Rajju Gupta with a prayer to release him on bail in Case Crime No. - 491 of 2019, under Sections - 326, 504, 506 IPC, Police Station - Kotwali, District - Fatehpur, during pendency of trial.
3. Learned counsel for the applicant submits that the parties are closely related and were engaged in common trade of running a 'chat' vend. They had some dispute over the same which resulted in a scuffle wherein some injuries may have been received. However, it cannot be denied that the incident is of the date 07.07.2019 whereas the FIR was first lodged on 26.07.2019 and the injuries were examined on 30.07.2019. Thus, there exists reasonable doubt in the prosecution story. The applicant has no criminal history and he is languishing in jail since 16.09.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by referring to certain statements of independent eye witnesses who appear to have supported the prosecution story and by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
5. 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. & Anr. 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 :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.11.2019 Abhilash