Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51880 of 2019 Applicant :- Manish Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Bilas Yadav,Ashutosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ram Bilas Yadav, learned counsel for the applicant as well as Sri Abhishek 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 - Manish with a prayer to release him on bail in Case Crime No. - 499 of 2019, under Sections - 147, 148, 149, 307, 504, 506 I.P.C., Police Station -
Surajpur, District - Gautam Buddh Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 01.06.2019, the applicant is in confinement since 25.09.2019;
(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, yet, it has been submitted that there is no warrant to provide for further detention of the present applicant;
(vi) on prima facie basis only, it may be noted, according to the applicant, similar allegation had been made against two brothers of the applicant namely Rahul and Ankit by their brother-in-law. However, during investigation, the informant/brother-in-law of the applicant namely Sonu stated on oath by filing an affidavit that the applicant and his brothers had not caused fire arm injury and infact, they had not assaulted but were merely present at the time of occurrence. In such facts, Rahul and Ankit have already been granted anticipatory bail by this Court in Criminal Misc. Bail Application No. 49274 of 2019, vide order dated 14.11.2019;
(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 :- 26.11.2019 Abhilash