Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52978 of 2019 Applicant :- Ajay Singh @ Ajju Opposite Party :- State of U.P.
Counsel for Applicant :- Vidhu Bhushan Singh,Rudra Pratap Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vidhu Bhushan Singh, learned counsel for the applicant as well as Sri Vikas Goswami, 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 Singh @ Ajju with a prayer to release him on bail in Case Crime No. - 253 of 2019, under Sections - 323, 34, 326 IPC, Police Station - Bhognipur, District - Kanpur Dehat, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of causing grievous hurt by dangerous weapons or means, punishable with imprisonment upto life;
(ii) against FIR lodged on 27.6.2019, the applicant is in confinement since 21.8.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted by learned counsel for the applicant, in the FIR, the informant had made allegation against the applicant of offence under Section 354-B only. Referring to the statement recorded under Section 161 Cr.P.C., it has been further submitted, no allegation was made, even during investigation, of the applicant having committed offence under Section 326 IPC. Thus, it has been stated that the charge-sheet submitted against the applicant is wholly unfounded, based on false prosecution narration.
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
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 :- 29.11.2019 Prakhar