Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40821 of 2019 Applicant :- Gani And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Pratap Singh Counsel for Opposite Party :- G.A.,Alok Sherma
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Satyendra Pratap Singh, learned counsel for the applicants; Sri Alok Sherma, learned counsel for the informant as well as Sri Vikas Goswami, 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 - Gani, Sageer and Raju with a prayer to release them on bail in Case Crime No. 173 of 2019, under Sections 307, 354B, 323, 34 IPC, Police Station - Nigohi, District Shahjahanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of attempt to murder, disrobing and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 20.05.2019, the applicants are in confinement since 19.07.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) as to criminal history, it is seen that the applicants have a long criminal history, beginning with the first case registered in 2012. They are also not shown to have acquitted in any of the cases;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted that the applicants, on one hand, claim that the present FIR has been lodged on account of business disputes between the informant and co-accused Mujeeb with whom the present applicants have close relations and, on the other hand, learned counsel for the informant and the learned AGA would point out that in light of the long criminal history and the specific allegations as also the injuries suffered by one of the victims, the applicants are not entitled to be enlarged on bail;
(vii) Having heard learned counsel for the parties and perused the record, at present, the trial has not commenced while chargesheet has been submitted. Keeping in mind the long criminal history of the applicants, the applicants may be enlarged on bail subject to their furnishing heavy sureties;
(viii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant 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 heavy 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 AHA