Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54292 of 2019 Applicant :- Jaan Mohammad @ Jhony Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Adesh Kumar, 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 - Jaan Mohammad @ Jhony with a prayer to release him on bail in Case Crime No. -335 of 2019, under Sections - 147, 148, 149, 307, 452, 504 & 506 I.P.C., Police Station -Sardhana, District -Meerut, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 03.05.2019, the applicant is in confinement since 04.09.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as to criminal history, it has been submitted, that though, there was no earlier criminal case against the applicant, subsequent to the present case, the applicant has been similarly falsely implicated at another police station for offence under Section 307 IPC alleging firing at the police party. The applicant has already been enlarged on bail on that case;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that though the FIR had been lodged against five persons including one Jhony son of Wakeel, in the statement recorded under Section 161 Cr.P.C., the applicant was first introduced on a general role ascribed to all the accused persons and there is no specification as to the firearm injury caused to a vital part of the body;
(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 or intimidate the witnesses.
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 :- 16.12.2019 S.Chaurasia