Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52915 of 2019 Applicant :- Gayyur Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shamsher Singh, Advocate, holding brief of Sri Pankaj Bharti, learned counsel for the applicant as well as Sri Vikash 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 applicant - Gayyur with a prayer to release him on bail in Case Crime No. - 284 of 2019, under Sections - 307, 504, 506 I.P.C., Police Station - Chhapar, District - Muzaffarnagar, 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 18.08.2019, the applicant is in confinement since 20.08.2019;
(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, there is an old case lodged against the applicant that too of attempt to commit robbery. In that case, the applicant is claimed to have been enlarged on bail and is not found to have violated the terms of the bail orders;
(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, the applicant claims to have been falsely implicated on account of the fact that there are civil disputes pending between the applicant and the informant with respect to the partition of the ancestral property and only one fire arm injury is noted on non-vital body part that may not threaten the life of the victim;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State 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 :- 29.11.2019 Abhilash