Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56777 of 2019 Applicant :- Anil Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Kumar Rai,Devendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Chandra Kumar Rai, learned counsel for the applicant; as well as Sri Sanjay Kumar Singh, learned AGA for the State and Sri Surjeet Singh, learned counsel for the informant and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Anil Kumar with a prayer to release him on bail in Case Crime No. -122 of 2019, under Sections -323, 504, 307 I.P.C., Police Station - Nizamabad, District - Azamgarh, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 31.08.2019, the applicant is in confinement since 22.10.2019. Thus, there has been some delay before the applicant came to be apprehended;
(iii) as to criminal history, it has been submitted that arising from an accidental occurrence, there is a criminal case under Section 304A & 279 IPC pending against the applicant. However, he has been enlarged on bail in that case;
(iv) chargesheet has already been submitted yet 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 that though the FIR allegation was specific against the applicant, however, the informant was not an eye witness. In any case, the victim has made general allegation against four accused persons, though there is a single grievous hurt. As such, the said injury cannot be ascribed to the present applicant at this stage;
(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 or intimidate the witnesses.
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 :- 19.12.2019 S.Chaurasia