Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50779 of 2019 Applicant :- Kuldeep @ Kala Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Shukla,Vishnu Pratap Pandey Counsel for Opposite Party :- G.A.,Sanjay Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ram Chandra Solanki, learned Advocate, holding brief of Sri Nagendra Kumar Srivastav, 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 - Kuldeep @ Kala with a prayer to release him on bail in Case Crime No. - 471 of 2019, under Section - 307 I.P.C., Police Station - Dankaur, District - Gautam Budha Nagar, 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 ten years;
(ii) against FIR lodged on 21.07.2019, the applicant is in confinement since 21.07.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as to criminal history, it has been submitted that by means of the supplementary affidavit, it is seen three cases have been registered against the applicant in which he has already been enlarged on bail in each of them and has been complying with the terms of the bail order;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, though use of firearm had been alleged in the FIR as also in certain statements recorded during investigation, there is no firearm injury. As to the other injuries, the allegation made in the FIR is against unnamed persons and at the same time, no specific role has been assigned to the present applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and 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 :- 27.11.2019 S.Chaurasia