Allahabad High Court
Rambujharat And Another vs State Of U.P. on 18 October, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43114 of 2019 Applicant :- Rambujharat And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Varunesh Shukl,Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,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 application has been filed on behalf of the applicants,Rambujharat and Buldendra Yadav, with a prayer to release them on bail in Case Crime No. 115 of 2018, under Sections 147, 148, 452, 323, 504, 506, 308, 427, 325 IPC, Police Station Gagaha, District- Gorakhpur, during pendency of trial.
It has been submitted that the intention of the applicants was not to cause culpable homicide, not amounting to murder, nor there was intention to cause dangerous injury, nor he had intention to cause death. No such intention on the part of the applicants is apparent from the allegations on record. For implication under Section 308 I.P.C. intention forms necessary ingredient of offence. It precedes the act and should be discernible from the allegations, which is lacking in this case. The applicants are in jail since 8.8.2019 and criminal history of the applicants has been explained in paragraph No. 19 of the affidavit in support of the bail application.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves 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 noted above 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 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 :- 18.10.2019 Ruchi Agrahari