Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55909 of 2019 Applicant :- Manoj @ Bhikhari Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mahendra Prakash, learned counsel for the applicant as well as Sri Ankit 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 - Manoj @ Bhikhari with a prayer to release him on bail in Case Crime No. 229 of 2019, under Sections 323, 307 IPC, Police Station - Rail Bazar, District - Kanpur Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 05.08.2019, the applicant is in confinement since 10.08.2019;
(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, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant was not named in the FIR and no specific role has been assigned to the applicant. In short, it has been submitted that the applicant has been falsely named during investigation;
(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 or intimidate the witnesses.
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 :- 16.12.2019 AHA