Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55966 of 2019 Applicant :- Ahmad Shah Alias Kole And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Sri Vijay Prakash Chaturvedi, Advocate has filed his appearance today on behalf of the informant which is taken on record.
2. Heard Sri Shahroze Khan, learned counsel for the applicants; Sri Vijay Prakash Chaturvedi, learned counsel for the informant as well as Sri S.B. Maurya, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicants - Ahmad Singh alias Kole and Ashraf Shah with a prayer to release them on bail in Case Crime No. - 68 of 2019, under Sections - 147, 148, 323, 324, 352, 504, 307 I.P.C., Police Station - Kotwali Lotan, District - Siddharth Nagar, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 22.7.2019, the applicants are in confinement since 25.10.2019;
(iii) the applicants claim to have cooperated in the investigation.
(iv) as to the criminal history of applicant no.1, the same has been explained in paragraph 25 of the affidavit filed in support of the present application and the applicant no.2 has no criminal history;
(v) though it is not clear that the charge sheet has been submitted, however, at present, no justifiable cause has been shown to continue the detention of the applicants for an indefinite period; ;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by counsel for the applicants that the injury caused by the sharp edged weapon has been assigned to other co-accused Akram Shah and Salman Shah. As to the other injuries i.e. lacerated wounds in the head region, referred to in the injury report, it has been submitted that they are simple in nature and there is no fracture injury. Also, it has been submitted that no specific role has been assigned to the applicants to any particular injury caused by blunt object;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime 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, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 M. Kumar