Allahabad High Court
Anil Kumar 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. - 30825 of 2019
Applicant :- Anil Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Syed Ali Imam, 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, Anil Kumar with a prayer to release him on bail in Case Crime No. 124 of 2019, under Sections 147, 323, 308, 352, 504 I.P.C., Police Station- Dibaee, District- Bulandshahar, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 21.03.2019, at about 3:00 p.m., in front of the shop of the informant the accused persons, who were, in drunken position started abusing the passer-by and when objection was raised by some residence of the locality they misbehaved with them and the persons of the locality were beaten by as many as eight named accused persons by lathi and danda due to which four persons, namely Deepak, Ramveer, Rajkumar and Saraswati have sustained injuries which are simple in nature. It is next submitted that in the statement of the injured no specific role has been assigned as to who has caused injuries to the aforesaid persons. The applicant is languishing in jail since 22.03.2019. The applicant has no criminal history except in the present case. 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
