Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52640 of 2019 Applicant :- Chain Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Narendra Nath Tripathi, learned counsel for the applicant as well as Sri C.P. 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 - Chain Yadav with a prayer to release him on bail in Case Crime No. - 209 of 2019, under Sections - 147, 307, 436, 427, 506 I.P.C., Police Station -
Vishunpura, District - Kushinagar, 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 06.09.2019, the applicant is in confinement since 09.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) 14 days earlier, similar allegation had been made against the applicant, however, no charge sheet was submitted in that case;
(v) though investigation is pending, 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, the applicant is 75 years old and is claimed to have been falsely implicated owing to other civil dispute pending between the parties;
(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 investigation/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 :- 28.11.2019 Abhilash