Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56364 of 2019 Applicant :- Juvairul @ Jubairul Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Pandey,Rakesh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Anurag Pandey, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Juvairul @ Jubairul with a prayer to release him on bail in Case Crime No. - 19 of 2003, under Section - 364 I.P.C., Police Station - Bilhaur, District - Kanpur Dehat, 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 18.05.2003, the applicant is in confinement since 14.10.2019. In that regard, it has been submitted, that earlier there was a stay order in favour of the applicant in writ petition to challenge the F.I.R. as also in proceedings under Section 482 Cr.P.C. Thus, it has been explained that there is no delay.
(iii) the applicant has no criminal history;
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(v) on prima facie basis, for purpose of grant of bail, it has been submitted, the applicant is being persecuted purely on suspicion, inasmuch as, the victim was recovered from Chhapra railway station, whereas the applicant had always remained at his house. Therefore, it can never be said that he had been involved in the abduction;
(vi) 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 :- 18.12.2019 Saif