Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57393 of 2019 Applicant :- Bijjo @ Vijay Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjay Kumar Dubey, learned counsel for the applicants as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Bijjo @ Vijay Kumar and Ramkishor @ Dullar with a prayer to release them on bail in Case Crime No. - 295 of 2019, under Sections - 307, 323, 324, 506 I.P.C., Police Station - Hathras Gate, District - Hathras, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of attempt to commit murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 14.08.2019, the applicant no.1 is in confinement since 24.09.2019 and applicant no.2 is in confinement since 03.02.2019;
(iii) the applicants claim to have cooperated in the investigation, however, there is some delay in the FIR being lodged and the applicant being apprehended;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, 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 applicants that the applicant no.1 is the 'pujari' of the temple whereas the applicant no.2 is his brother. The victim had a small shop outside the temple premises. Owing to some petty dispute, false accusations have been made against the applicants;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, 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 applicants involved in the aforesaid crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants 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 applicants 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 :- 20.12.2019 Abhilash