Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57332 of 2019 Applicant :- Ajay Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Gosain Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Subhash Gosain, 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 - Ajay Prajapati with a prayer to release him on bail in Case Crime No. -272 of 2019, under Sections -147, 148, 149, 225, 342, 332, 333, 353, 186, 307, 394, 427, 411 I.P.C. & 7 Criminal Law (Amendment) Act, 1932, Police Station - Jansa, District - Varanasi, 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 29.10.2019, the applicant is in confinement since then;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that though the applicant has been nominated in the FIR, however a general role has been assigned to him and about 150-200 others. Then, keeping in mind, the nature of injuries, it has been submitted, it is difficult to ascribe any particular injury to the applicant;
(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 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 :- 20.12.2019 S.Chaurasia