Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52222 of 2019 Applicant :- Bharat Gautam Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish Kumar Dwivedi, learned counsel for the applicant as well as Sri S.P. Maurya, 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 - Bharat Gautam with a prayer to release him on bail in Case Crime No. - 281 of 2019, under Sections - 147, 148, 149, 307, 323, 504, 506 I.P.C., Police Station - Sarai Akil, District - Kaushambi, 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 of 10 years;
(ii) against FIR lodged on 29.08.2019, the applicant is in confinement since 12.09.2019;
(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 against the applicant yet, 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 first information report has been lodged against 8 named persons and one unknown person; the applicant was not named in the first information report. Subsequently, the victim named the applicant along with Raj Kumar and Vinod Kumar, however, no specific role has been assigned to the applicant. Also, Raj Kumar and Vinod Kumar have been enlarged on bail by this Hon'ble Court in Criminal Misc. Bail Application No.48790 of 2019 and 47140 of 2019 vide order dated 13.11.2019 and 06.11.2019 respectively;
(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.
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 :- 26.11.2019 Saif