Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48784 of 2019 Applicant :- Hirendra Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Sushil Kumar Chaturvedi
Hon'ble Saumitra Dayal Singh,J.
1. No one appears from the informant even in the revised call list.
2. Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant as well as Sri Nagendra Srivastava, 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 - Hirendra with a prayer to release him on bail in Case Crime No. - 352 of 2019, under Sections - 307, 325, 452, 323, 504, 506 and 352 I.P.C., Police Station - Fatehpur Sikari, District - Agra, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder and other offences, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 21.09.2019, the applicant is in confinement since 23.09.2019;
(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 the criminal history, it has been submitted by learned counsel for the applicant, there is only one case wherein he has been falsely implicated in the year 2011;
(v) though investigation is pending against the applicant yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, it has been submitted by learned counsel for the applicant that the F.I.R. was lodged with the delay of 2 days and only general allegations have emerged therein. In fact, the present prosecution is by way of counter- blast of an earlier F.I.R. filed by the brother of the applicant against the injured and the informant.
To oppose the prayer for bail, learned A.G.A. for the State submitted, relying on the nature and extent of injuries and the statement of the injured it transpires, there is specific role assigned to the applicant.
Without entering into the merits, at present, insofar as the applicant is concerned, he is entitled to bail. The applicant will remain obliged to co-operate and participate in pending investigation of the enquiry that may rise;
(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.
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 :- 29.11.2019 Saif