Allahabad High Court
Radhey @ Radhey Shyam vs State Of U.P. on 8 July, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27037 of 2019
Applicant :- Radhey @ Radhey Shyam
Opposite Party :- State Of U.P.
Counsel for Applicant :- Hasan Abbas
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Hasan Abbas, learned counsel for the applicant, Sri Mohd. Shoaib Khan, 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, Radhey @ Radhey Shyam with a prayer to release him on bail in Case Crime No. 374 of 2018, under Sections 147, 323, 336, 353, 307, 427, 332 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Mahuli, District- Sant Kabir Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is not named in the F.I.R. As per the version of F.I.R., on information received by the Police regarding theft of animals, the Police tried to intervene and one vehicle bearing no. U.P. 62 T-0792 was apprehended whereas the accused persons had escaped on the spot. The name of the applicant came into light in the statement of co-accused-Pappu. It is next submitted that the co-accused-Pappu has already been granted bail vide order dated 03.01.2019 by the court below. The applicant is languishing in jail since 08.01.2019. The applicant has criminal history of two cases, which is subsequent to the present F.I.R. and the same has been explained in paragraph nos. 10.11 of the affidavit accompanying the 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties 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 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 :-
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 :- 8.7.2019
JK Yadav
