Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52905 of 2019 Applicant :- Amjad Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Atul Kumar, learned counsel for the applicant; as well as Sri C.P. Singh, 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 - Amjad with a prayer to release him on bail in Case Crime No. - 325 of 2019, under Section - 307 I.P.C., Police Station - Shahpur, District - Muzaffar Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment of ten years;
(ii) against FIR lodged on 10.09.2019, the applicant is in confinement since 10.09.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as to criminal history, the applicant appears to have a long criminal history, however, the same has been explained by means of the supplementary affidavit, wherein several bail orders have been annexed. As to the serious offence murder, it has been submitted that the applicant had been implicated solely on account of confessional statement recorded much after the occurrence against unnamed accused person. As to other cases involved under Section 307 IPC, it has been submitted that the applicant had been falsely implicated by the police in those cases as well, alleging firing at the police party. In fact, it has been submitted that it is only on account of such criminal history, the applicant has again been falsely implicated in the present case. In one of the case, the applicant is stated to have been acquitted. The co-accused Shadab @ Shahbad has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.51440 of 2019 vide order dated 22.11.2019;
(v) 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 heavy 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 S.Chaurasia