Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48750 of 2019 Applicant :- Fareed Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.,D.B.Yadav,Rajesh Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Rejoinder affidavit filed today. Taken on record.
2. Heard Sri Mahesh Chandra Tiwari, learned counsel for the applicant; Sri Rajesh Mishra, learned counsel for the informant as well as Sri C.P. Singh, 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 - Fareed Khan with a prayer to release him on bail in Case Crime No. - 592 of 2019, under Sections - 147, 148, 323, 325, 307, 354-Kha, 380, 427, 452 I.P.C.
and 7/8 POCSO Act, Police Station - New Agra, District - Agra, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 20.08.2019, the applicant is in confinement since 07.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) as to criminal history, it has been submitted, of the three cases registered against the present applicant, he has been acquitted in one and other two cases are police cases wherein he has been enlarged on bail;
(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 applicant that a scuffle had erupted between the applicant and the victim, which has been unnecessarily given a colour of present prosecution. In any case, it has been submitted that the injuries are reported to be simple and general allegations have been made against all the co-accused inasmuch as no role specification has been made;
(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 :- 17.12.2019 Abhilash