Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53022 of 2019 Applicant :- Harish @ Hariom Opposite Party :- State of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vidit Narayan Mishra, learned counsel for the applicant as well as Sri Nagendra Kumar 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 @ Hariom with a prayer to release him on bail in Case Crime No. 684 of 2016, under Section 364 IPC, Police Station - Tronick City, District - Ghaziabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction in order to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 25.07.2016, the applicant is in confinement since 29.12.2016, i.e. almost for three years;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, however trial is stated to have not yet commenced, inasmuch as learned counsel for for the applicant submits that no testimony has yet been recorded at trial. Thus, no justification has been shown by the State for continued detention of the application for an indefinite period;
(vi) on prima facie basis only, it may be noted, according to the applicant, though the role of calling the victim has been assigned to the applicant but other co-accused Pawan and Roshan, who had been assigned similar role of abduction, have been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 15580 of 2018 and 30475 of 2019 vide orders dated 01.05.2019 and 30.07.2019 respectively. Also, it has been submitted that the FIR itself was lodged 17 days after the disappearance of the 18 year old victim. Thus, it has been suggested that there was no offence committed by the applicant and, in fact, the boy vanished of his own and the applicant has been falsely implicated;
(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 AHA