Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47292 of 2019 Applicant :- Khasi @ Arsad Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shyam Shankar, Advocate, holding brief of Sri Anil Kumar Ojha learned counsel for the applicant as well as Sri Nagendra Srivastava, 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 - Khasi @ Arsad with a prayer to release him on bail in Case Crime No. - 316 of 2019, under Sections - 307, 504, 506 I.P.C., Police Station - Loni Border, District - Ghaziabad, during pendency of trial.
3. 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 08.04.2019, the applicant is in confinement since 12.04.2019;
(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) chargesheet 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 has been submitted that in the F.I.R. accusation was made against four persons, though only two injuries have been found to have been inflicted according to the medical report. Then, it has been submitted, the injuries are simple in nature and not grievous;
(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.
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 :- 29.11.2019 Saif