Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48439 of 2019 Applicant :- Deepak Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Rajvanshi Counsel for Opposite Party :- G.A.,Gaurav Singh Chauhan
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today by the State. Taken on record.
2. Heard Sri Ajay Kumar, learned Advocate, holding brief of Sri Manoj Kumar Rajvanshi, learned counsel for the applicant; Sri Gaurav Singh Chauhan, learned counsel for the informant as well as Sri Nagendra Kumar Srivastav, 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 - Deepak Sharma with a prayer to release him on bail in Case Crime No. -0122 of 2019, under Section - 307 I.P.C., Police Station - Arniya, District - Bulandshahar, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment of ten years;
(ii) against FIR lodged on 17.06.2019, the applicant is in confinement since 10.10.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is stated to be pending, however, in view of the recovery claimed to have been made from the applicant and in view of his having remained in confinement for almost two months, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, it has been submitted that FIR has been lodged against unknown persons. Though, the applicant and the father of the informant, are in civil litigation from before, the applicant came to be named for the first time 56 days after the FIR. Upon the statement of the informant, that upon seeing the applicant, he recognized the assailant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
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 :- 29.11.2019 S.Chaurasia