Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56403 of 2019 Applicant :- Chandrma Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- J.K.S. Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri J.K.S. Yadav, learned counsel for the applicants 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 applicants - Chandrma Yadav and Amresh Yadav with a prayer to release them on bail in Case Crime No. - 173 of 2019, under Sections - 452, 323, 326 I.P.C., Police Station - Ubhaon, District - Ballia, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of assault with dangerous weapon, punishable with imprisonment upto life;
(ii) against FIR lodged on 19.11.2019, the applicants are in confinement since 21.11.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(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 though the accusation is against the co- accused who are alleged to have bitten the nose of the victim, however, the applicant has not been assigned any such role;
(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 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.
Order Date :- 18.12.2019 Abhilash