Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55992 of 2019 Applicant :- Anil Rana Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuraj Kishore Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Raghuraj Kishore, 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 - Anil Rana with a prayer to release him on bail in Case Crime No. - 487A of 2008, under Sections - 307, 452, 504 I.P.C., Police Station - Deoband, District -Saharanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence committing attempt to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 07.08.2008, the applicant is in confinement since 11.11.2019; as to the delay it has been submitted that there was an stay order in favour of the applicant which got vacated on 14.5.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated solely to cause harassment. Earlier, the applicant had lodged F.I.R. against the brother and father of the first informant making accusation of offence u/s 302 I.P.C. with respect to the murder of the brother of the present applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
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 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 :- 16.12.2019 M. Kumar