Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52246 of 2019 Applicant :- Harish Chandra @ Hari Chandra @ Hariya Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Deepak Kumar Srivastava, Advocate, holding brief of Amit Kumar Srivastava, learned counsel for the applicant as well as Sri Ankit Srivastava, 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 - Harish Chandra @ Hari Chandra @ Hariya with a prayer to release him on bail in Case Crime No. -
357 of 2019, under Sections - 326, 504 IPC, Police Station - Hasanpur, District - Amroha, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of assault causing grievous hurt, punishable with imprisonment of ten years;
(ii) against FIR lodged on 4.8.2019, the applicant is in confinement since 4.10.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted by learned counsel for the applicant, wholly false prosecution has been lodged arising from the petty dispute that has arisen between the parties over demand of Rs. 150/- made by the applicant for having dropped the victim on his motorcycle;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and 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 :- 27.11.2019 Prakhar