Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56785 of 2019 Applicant :- Adarsh Chaturvedi @ Umang Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant; as well as Sri Ankit Shrivastav, 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 - Adarsh Chaturvedi @ Umang with a prayer to release him on bail in Case Crime No. -490 of 2019, under Sections -307, 323, 504, 506 I.P.C., Police Station -Saurikh, District -Kannauj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence to commit murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 27.10.2019, the applicant is in confinement since 21.11.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that in such fact learned counsel for the applicant submits that injury suffered is simple in nature. Then, the applicant is claimed to have been falsely implicated solely on account of the fact that the applicant had earlier lodged an FIR against one Sonu Tiwari, wherein the said accused person has been chargesheeted. Only to pressure the applicant, in that case, he has been falsely implicated by the informant who is a friend of son Sonu Tiwari. Also, it has been submitted that Sonu Tiwari, is a witness in the present case;
(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 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.
Order Date :- 19.12.2019 S.Chaurasia