Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56843 of 2019 Applicant :- Bhaiyan @ Ajay Pandey Opposite Party :- State Of U.P Counsel for Applicant :- Bir Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed today. Taken on record.
2. Heard Sri Yash Pratap Singh, Advocate, holding brief of Sri Bir Bhan Singh, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Bhaiyan @ Ajay Pandey with a prayer to release him on bail in Case Crime No. - 126 of 2018, under Sections - 307, 435, 506 IPC, Police Station - Kaushambi, District - Kaushambi, during pendency of trial.
4. 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 13.12.2018, the applicant is in confinement since 7.2.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) as to criminal history, the same has been explained in the supplementary affidavit filed today;
(v) charge-sheet 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 by learned counsel for the applicant that the applicant has been falsely implicated solely on account of previous animosity between the parties. Also, referring to the injury report and the nature of allegation, it has been submitted, there was no attempt to murder and, in any case, injury was caused on non-vital body part;
(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 witness.
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 :- 19.12.2019 Prakhar