Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17626 of 2019 Applicant :- Ganesh Bhartiya @ Boltu Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Anand Tiwari, Advocate, has filed his Vakalatnama on behalf of complainant, which is taken on record.
Heard Sri Kamlesh Singh, learned counsel for the applicant, Sri Anand Tiwari, learned counsel for the complainant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Ganesh Bhartiya @ Boltu with a prayer to enlarge him on bail in Case Crime No.301 of 2018, under Sections 323, 504, 506, 452, 427, 336, 307 I.P.C., Police Station George Town, District Allahabad.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that regarding some earlier dispute between the parties an FIR was lodged in which the injured was witness and in order to pressurize the injured the applicant entered into his house using abusive language and assaulted the injured by lathi and danda. In the rejection order it has been stated that the injury is on the head but as per CT Scan the injury is not serious in nature. Learned counsel for the applicant pressed the bail application on the ground of period of detention as the applicant is in jail since 7.6.2018. Criminal history of the applicant is explained in para nos.17 and 18 of the affidavit filed in support of the bail application. It is next contended that there is no possibility 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. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for 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, without expressing any opinion on merit of the case, let the applicant 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:-
i) The applicants will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
ii) The applicants will personally appear on each and every date in the court and their personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
iii) The applicants shall personally appear once in the first week of every month in the concerned police station. In case of any default, the in- charge, police station shall forthwith inform the concerned court about this breach and the informant may also move an application for cancellation of bail before the court below.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the proceed for the cancellation of applicants' bail.
Office is required to communicate this order to the S.S.P. concerned, who is required to convey this order to the concerned police station to ensure compliance of condition no.iii as provided hereinbefore.
The concerned court below which will accept the bail bonds is also directed to convey a photo-copy of this order to the concerned police station so that the condition no.iii provided hereinbefore may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 29.4.2019 Anand Sri./-