Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37634 of 2021 Applicant :- Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.,Sumit Pandey
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant, Sri Sumit Pandey, learned counsel for the informant and Sri Ankit Srivastava, 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, with a prayer to release him on bail in Case Crime No. -56 of 2021, under Sections -302, 201, 120B, 34 I.P.C., Police Station -Atrauli, District -Aligarh, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 04.02.2021, the applicant is in confinement since 08.02.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that FIR was lodged against three named persons. Applicant is not named therein. During the course of investigation, custodial confessional statement was recorded of the co-accused Devendra, whereupon the applicant has been named. The said Devendra has already been enlarged on bail by this Court in CRIMINAL MISC. BAIL APPLICATION No. - 34654 of 2021 vide order dated 15.11.2021.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant 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 :- 23.12.2021 S.Chaurasia