Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51875 of 2019 Applicant :- Mateen Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed today. Taken on record.
2. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Mateen with a prayer to release him on bail in Case Crime No. - 381 of 2018, under Section - 307 IPC, Police Station - Kundarki, District - Moradabad, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to murder , punishable with imprisonment of ten years;
(ii) against FIR lodged on 15.12.2018, the applicant is in confinement since 15.12.2018;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as to criminal history, learned AGA points out there is long criminal history of 50 cases involving similar offence. However, at present, there is no material that the applicant has been found guilty in any of those cases, though such cases have remained pending for a very long period of time;
(v) charge-sheet 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 may be noted, according to the applicant, no specific role has been assigned to the applicant and the co-accused Rais has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 25078 of 2019, decided on 27.6.2019;
(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.
5. 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 heavy 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. 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 Prakhar