Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47846 of 2019 Applicant :- Ajay Goswami Opposite Party :- State of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed is taken on record.
2. Heard Sri B.N. Singh, learned counsel for the applicant as well as Sri Ashok Kumar Upadhyay, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Ajay Goswami with a prayer to release him on bail in Case Crime No. - 381 of 2019, under Sections - 392, 326, 414 I.P.C., Police Station - Civil Lines, District - Meerut, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of robbery and causing grievous hurt, punishable with imprisonment to 10 years;
(ii) against FIR lodged on 31.07.2019, the applicant is in confinement since 31.07.2017;
(iii) the applicant claims to have cooperated in the investigation;
(iv) As to the criminal history, it has been submitted that arising from the same prosecution an earlier F.I.R. has been lodged against the applicant alleging the robbery of mobile phone;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, the injury claimed by the victim is not attributable to the applicant. Referring to the injury report, it has been submitted that the victim was under going treatment of injuries suffered by him other than this incident. The applicant was under treatment at some other medical facitlity which has remained to explain. At this stage, it also appears that there is no independent eye-witnesses in the charge sheet;
(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.
5. 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 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.
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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Saif