Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51877 of 2019 Applicant :- Hariram Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Sri Ram Jatan Yadav, Advocate, has filed appearance on behalf of informant today. Taken on record.
2. Heard Sri Onkar Nath, learned counsel for the applicant; Sri Ram Jatan Yadav, learned counsel for the informant as well as Sri Vikas Goswami, 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 - Hariram with a prayer to release him on bail in Case Crime No. - 113 of 2019, under Sections - 307, 325, 504, 506 IPC, Police Station - Soron, District - Kasganj, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder and criminal intimidation, punishable with imprisonment of ten years;
(ii) against FIR lodged on 23.3.2019, the applicant is in confinement since 23.7.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) charge-sheet 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, it may be noted, it has been submitted by the learned counsel for the applicant that an altercation had taken place at the spur of the moment wherein both sides suffered injuries. Cross-case is also stated to have been registered against the informant (in the present case) and others, wherein certain injuries were claimed by the applicant. As to the facts of the present case, it has been submitted, though role of use of firearm has been ascribed to the applicant - Hariram and one Mukesh, however, the firearm injury received by one Sukh Devi has not been ascribed to either of them;
(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 :- 26.11.2019 Prakhar