Allahabad High Court
Rahul Singh vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30906 of 2019
Applicant :- Rahul Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharm Singh Parmar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Dharm Singh Parmar, learned counsel for the applicant, Sri Prashant Kumar Singh, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Rahul Singh with a prayer to release him on bail in Case Crime No. 20 of 2016, under Sections 395, 397, 307, 412 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Jalalpur, District- Hamirpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has not named in the FIR. The complicity of the applicant as a participant in the crime came into light on the confessional statement of co-accused. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The role of the applicant is decipherable from the named accused persons in the FIR. Learned counsel for the applicant has next submitted that the co-accused- Bhura and Nizam, who have already been granted bail by the another Bench of this Court vide orders dated 24.11.2016 and 06.07.2016 in Criminal Misc. Bail Applications Nos. 40978 of 2016 and 21426 of 2016 copies of which orders have been apppended as Annexure no. 4 of the affidavit and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 11.04.2016. The criminal history of applicant has been explained in paragraph no.14 of the affidavit in support of bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant 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.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 1.8.2019
Priya
