Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47886 of 2019 Applicant :- Smt. Kusum And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Singh,Chandra Prakash Singh Counsel for Opposite Party :- G.A.,S Pratap Singh
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed by learned A.G.A. is taken on record.
2. No counter affidavit has been filed by the learned counsel for the informant, vide on the last date, time has been taken to file it. Accordingly, the prayer made for further time is declined.
3. Heard Sri Chandra Prakash Singh, learned counsel for the applicants; Sri S. Pratap Singh, learned counsel for the informant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.
4. The instant bail application has been filed on behalf of the applicants - Kusum, Rinki, Monika and Tonika with a prayer to release them on bail in Case Crime No. - 105 of 2019, under Sections - 307, 147, 148, 149, 34, 323, 504, 506, 452 I.P.C., Police Station - Sherkot, District - Bijnor, during pendency of trial.
5. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of attempt to murder and other offences, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 14.06.2019, the applicants are in confinement since 12.07.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have 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 according to the first information report the grievous injuries has been caused with sharp weapon, namely, farsa and axe, which has been ascribed to the two co-accused Gaurav and Sahdev. No specific role has been assigned to any of the applicants. Though learned counsel for the informant states that the applicants are equally involved in the commission of offence, inasmuch as, they have been implicated for injuries caused by laathee blows in the same incident, in absence of any criminal history of the present applicants and the fact that the entire family- husband, wife and their three daughters and one son-in-law have been implicated and also keeping in mind the fact that in exact similar allegation the co-accused Vipin has already been enlarged on bail in Criminal Misc. Bail Application No.38884 of 2019 vide order dated 24.09.2019, the applicants are also entitled to bail;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
6. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Saif