Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52625 of 2019 Applicant :- Dheeraj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Pradyumn Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Pradyumn Kumar, learned counsel for the applicant; Sri Bharat Garg, learned counsel for the informant 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 - Dheeraj Kumar with a prayer to release him on bail in Case Crime No. - 363 of 2019, under Sections - 307, 325, 506 I.P.C., Police Station - Kurawali, District - Mainpuri, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 02.09.2019, the applicant is in confinement since 21.09.2019;
(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) 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, it may be noted, according to the applicant there is gross discrepancy with respect to the place of occurrence in the FIR and in the statement made during investigation. Further, the injuries as claimed were suffered in a road accident and not by any assault made by the applicant and that the applicant is claimed to have been falsely implicated on account of pre-existing dispute between the parties;
(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.
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 :- 28.11.2019 Abhilash