Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52675 of 2019 Applicant :- Karua Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Sunil Kumar Dubey, Advocate, holding brief of Shri Sanjay Kumar Dubey, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Karua with a prayer to release him on bail in Case Crime No. 204 of 2019, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, Police Station - Mursan, District - Hathras, 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 ten years;
(ii) against FIR lodged on 03.10.2019, the applicant is in confinement since 05.10.2019;
(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) though investigation is pending, at the same time, it has been submitted, it was a private family dispute which has been amicably resolved. Therefore, no justification has been shown for continued indefinite detention of the applicant;
(vi) on prima facie basis only, it may be noted, according to the applicant, the parties are closely related. Some altercation may have taken place at spur of the moment where injuries have been claimed by both sides;
(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 investigation/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 :- 28.11.2019 AHA