Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52583 of 2019 Applicant :- Ajeet Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Daksha Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Daksha Yadav, learned counsel for the applicants 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 applicants - Ajeet Kumar and Arvind with a prayer to release them on bail in Case Crime No. - 82 of 2019, under Sections - 147, 323, 504, 506, 452, 427, 325, 308 IPC, Police Station - Mauima, District - Prayagraj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of attempt to commit culpable homicide and assault causing grievous hurt, punishable with imprisonment of ten years;
(ii) against FIR lodged on 18.2.2019, the applicants are in confinement since 15.11.2019. In that regard, it has been submitted, earlier the applicants were on interim bail;
(iii) the applicants claim to have cooperated in the investigation;
(iv) the applicants have 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, the parties were in civil dispute over an immovable property. Arising therefrom the incident occurred at the spur of the moment wherein both sides suffered injuries. The first information report that was registered at the instance of the applicant is pending investigation whereas charge- sheet has been submitted in the present case;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicants, 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 applicants involved in the aforesaid crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Prakhar