Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53288 of 2019 Applicant :- Aadil Opposite Party :- State of U.P.
Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish Kumar Singh, learned counsel for the applicant; as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant -Aadil with a prayer to release him on bail in Case Crime No. -650 of 2019, under Sections -323, 324, 504, 506, 354-A, 307 I.P.C. & 7/8 POCSO Act, Police Station -Ghatampur, District - Kanpur Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 19.07.2019, the applicant is in confinement since 05.10.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) as to criminal history, it has been submitted that the applicant had been earlier falsely implicated in two separate cases involving Cow Slaughter Act and Arms Act. The applicant has already been enlarged on bail on those cases;
(v) though investigation is stated to be pending, however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period who has confined for more than two months;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the applicant has been falsely implicated and the falsity of the case is stated to be clear from the fact that though allegation in the FIR are of assault with knives, neither any specification of role has been made nor have the other injuries which are lacerated wound been explained. Further, it has been submitted that the FIR has been lodged with a delay of two days;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 16.12.2019 S.Chaurasia