Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52929 of 2019 Applicant :- Azam Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant; Sri Shibli Naseem, learned counsel for the informant as well as Sri Nagendra Kumar Srivastav, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Azam with a prayer to release him on bail in Case Crime No. - 424 of 2019, under Sections - 147, 323, 504, 506, 452, 324, 427, 308/34 I.P.C., Police Station - Shahganj, District - Jaunpur, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to culpable homicide and other offences, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 30.10.2019, the applicant is in confinement since 31.10.2019;
(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) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only it may be noted, according to the applicant the allegations made in the FIR are false and in any case exaggerated inasmuch as a scuffle had erupted at the spur of the moment wherein cross versions exist. The applicant's version has been later registered as separate FIR. Referring to the nature of injuries, keeping in mind the assault claimed to have been made by six persons, there appears no intention to cause death;
(vii) 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.
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 :- 29.11.2019 Abhilash