Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53040 of 2019 Applicant :- Ajay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Yatish Kumar Dwivedi, learned counsel for the applicant as well as Sri Ankit Srivastava, 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 - 420 of 2019 with a prayer to release him on bail in Case Crime No. 420 of 2019, under Section308 IPC, Police Station- Kotwali Mahoba, District - Mahoba, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit culpable homicide, punishable with imprisonment of three years;
(ii) against FIR lodged on 05.09.2019, the applicant is in confinement since 13.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) as to criminal history, it is seen that the applicant has a long criminal history of five cases involving allegations of receiving stolen property, unlawful assembly, assault, criminal intimidation, offences under the Arms Act and N.D.P.S. Act. While the applicant claims to have been enlarged on bail in each of those cases, he has neither been acquitted in any case nor it can be said that he is a person of no criminal antecedent. That fact is yet to be ascertain definitive terms. However, at present, there is sufficient material to doubt the credentials of the applicant;
(v) on prima facie basis, learned counsel for the applicant would submit that no specific role has been assigned in the FIR and there are no serious injuries either. Therefore, keeping in mind the statement of the injured recorded under Section 161 Cr.P.C., after the incident, the applicant is entitled to bail at this stage;
(vi) the above prayer has been opposed by learned AGA, who would submit that there are 11 injuries suffered by the victim, one of which is a serious injury of lacerated wound on the right side of the head. A fracture injury was also suffered by the victim. Then, referring to the statement of the independent witnesses, it has been submitted that the said witnesses had clearly stated that they could not help the victim at the time of assault because they were afraid of their own safety. Moreover, all the accused are stated to have been arrested. In such circumstances, it has been submitted that if the applicant is enlarged on bail, he would seriously prejudice the trial.
4. Having heard learned counsel for the parties and considering the entirety of the facts and circumstances of the case and keeping in mind the nature of assault alleged and injuries suffered, it appears premature to enlarge the applicant on bail when the trial has yet not commenced and the independent witnesses have yet not been examined.
5. The bail application is accordingly rejected.
6. At the same time, the liberty of the applicant cannot be curtailed for ever. Thus, it is provided that the trial court shall make all efforts to ensure that the stage of committal and framing charges is concluded, as expeditiously as possible, preferably within a period of two months.
Order Date :- 29.11.2019/AHA