Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56780 of 2019 Applicant :- Bablu @ Rampal Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Surendra Kumar Tripathi, learned counsel for the applicant; as well as Sri Abhishek 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 - Bablu @ Rampal with a prayer to release him on bail in Case Crime No. -123 of 2019, under Sections -307, 353, 333 I.P.C. & 3/7/57 U.P. Mineral Act, Police Station - Iradatnagar, District -Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 03.11.2019, the applicant is in confinement since 19.11.2019;
(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 for purpose of grant of bail, it has been submitted that in such circumstances, the applicant has been falsely implicated by the police party owing to certain other disputes. Merely because the photograph of the applicant may be available to the police official, it does not indicate that the applicant had committed a heinous offence. In any case, it has been submitted that there is no risk of tampering of evidence or intimidation of witness;
(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 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.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 19.12.2019 S.Chaurasia