Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55375 of 2019 Applicant :- Bablu Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Hemant Sharma
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Kumar, learned counsel for the applicant; Sri Pushpendra Singh, Advocate, holding brief of Sri Hemant Sharma, learned counsel for the informant as well as Sri Abhishekh 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 with a prayer to release him on bail in Case Crime No. - 164 of 2018, under Sections - 307, 324 and 504 I.P.C., Police Station - Ahmadgarh, District - Bulandshahar, during pendency of trial.
3. 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 11.08.2018, the applicant is in confinement since 01.11.2019. As to the delay, it has been explained, the applicant had challenged the F.I.R., wherein protection had been granted by order dated 13.12.2018. Thereafter, upon submission of charge sheet, the applicant has been apprehended;
(iii) as to criminal history, there is one criminal case, in which the applicant had been enlarged on bail;
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(v) on prima facie basis, for purpose of grant of bail, it has been submitted, there is long standing matrimonial dispute between the applicant and the sister of the informant. Owing to such matrimonial dispute, false allegation has been made against the applicant, inasmuch as, in the F.I.R. allegation of fire arm injury has been made against four accused persons, whereas, the specific allegations against the applicant appeared after delay of 28 days;
(vi) 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 :- 18.12.2019 Saif