Allahabad High Court
Bhola And 2 Others 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. - 30855 of 2019
Applicant :- Bhola And 2 Others
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Janam Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ram Janam Singh, learned counsel for the applicants, Sri Sheetal Prasad Chakravorty, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Bhola, Rama and Siddhu with a prayer to release him on bail in Case Crime No. 109A of 2012, under Sections 147, 452, 308, 323, 504, 506 I.P.C., Police Station- Devgaon, District- Azamgarh, during pendency of trial.
It is argued by the learned counsel for the applicants that for the incident dated 03.04.2012 at 10:00 a.m., the first information reports have been lodged from both the sides. It is further submitted thatit is a cross case in which both sides have received injuries and at this stage it cannot be said as to who was aggressors and the incident had taken place at the spur of the moment. It is further argued that the co-accused persons, namely, Jai Singh, Sumant, Ranjeet, Pratap, Jitendra, Sant Prasad, Saurabh, Bhupendra and Subhash, have already been granted bail by another Bench of this Court vide orders dated 16.10.2015, 29.04.2019, 15.05.2019 and 23.05.2019 passed in Cri. Misc. Bail Application Nos. 37672 of 2015, 11816 of 2019, 11853 of 2019, 12095 of 2019 and 21587 of 2019, respectively, copy of which orders have been appended as Annexure no. 2 of the affidavit accompanying the bail application and the case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are languishing in jail since 04.07.2019. The applicants do not have any previous criminal history. In case, they are released on bail, they 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 applicants fleeing away from judicial process or tampering with the witnesses.
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.
Considering the material/evidence brought on record, the submissions made by 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 applicants involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
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 :- 1.8.2019
JK Yadav
