Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52871 of 2019 Applicant :- Annu Saxena Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Syed Ali Imam, learned counsel for the applicant; as well as Sri Manoj Kumar Dwivedi, 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 - Annu Saxena with a prayer to release him on bail in Case Crime No. -417 of 2019, under Sections -363, 304-A, 201 I.P.C., Police Station - Phase II, Noida, District - Gautam Buddh Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of abduction and causing death by negligence, punishable with imprisonment of seven years;
(ii) against FIR lodged on 24.06.2019, the applicant is in confinement since 23.08.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant there were no marks of ante mortem injuries, and that according to the statement of the independent witness, the deceased died as a result of drowning which may not be attributed to the present applicant;
(vii) 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 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