Allahabad High Court
Gyanendra Kumar 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. - 26980 of 2019
Applicant :- Gyanendra Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Abrar Ahmad Siddiqui
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mohd Ahmad Nashiq, Advocate holding brief of Sri Abrar Ahmad Siddiqui, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant-Gyanendra Kumar with a prayer to enlarge him on bail in Case Crime No.137 of 2017, under Sections 323, 504, 506 and 307 I.P.C., Police Station-Shankargarh, District-Allahabad during the pendency of the trial.
Learned counsel for the applicant has submitted that the general role of assault has been assigned to all the accused persons including the applicant, due to which the victim has suffered injury on his head, however, as per the C.T. Scan report, there is no bony injury over her person. It has further been submitted that the co-accused, namely, Brij Lal, Sushil Kumar and Shivram have already been enlarged on bail by this Court vide orders dated 25.06.2018, 18.12.2018 and 24.04.2019 passed in Criminal Misc. Bail Application Nos. 23228 of 2018, 48612 of 2018 and 16666 of 2019, respectively, copy of which orders have been appended as Annexure no.6 of the affidavit accompanying the bail application. The case of the present applicant similar and identical to that of the aforesaid co-accused. As such the present applicant is liable to be enlarged on bail. The applicant is in jail since 19.06.2019. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
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
