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2019 DIGILAW 2439 (ALL)

Paras v. State of U. P.

2019-10-30

SIDDHARTH

body2019
JUDGMENT : Siddharth, J. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. General role has been assigned to all the accuseds including the applicants. The injury of one injured has been found to be grievous and the same was on the shaft of ulna bone of left forearm. It is not certain who caused the aforesaid injury. The applicants are in jail since 19.09.2019 and have no criminal history to their credit. 3. On the other hand learned AGA has opposed the prayer for bail. 4. Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 5. Let the applicants, Paras and Gyan Singh involved in Case Crime No.169 of 2019, under Sections 323, 504, 506, 325 IPC, Police Station Puramufti, District- Kaushambi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. 1. The applicants will not tamper with the evidence during the trial. 2. The applicants will not pressurize/ intimidate the prosecution witness. 3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted. 4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected. 5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court. 7. 6. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court. 7. Keeping in view all the facts of the case, the Trial Court is directed to conclude and decide the trial within a period of one year from the date of production of certified copy of this order.