Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7681 of 2021 Applicant :- Maya Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Arunesh Kumar Singh Counsel for Opposite Party :- G.A.,Om Prakash Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant; Sri Om Prakash Singh, learned counsel for the informant as well as Sri Ashwani Prakash Tripathi , 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 - Maya Prasad with a prayer to release him on bail in Case Crime No. - 341 of 2020, under Sections - 304, 504 I.P.C., Police Station - Kaptanganj, District - Kushinagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 20.10.2020, the applicant is in confinement since then.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) criminal history of one case has been explained.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant according to the FIR narration the incident took place in the village at 11 at night; no one saw the occurrence yet false allegations have been made against the applicant of having assaulted the deceased; no weapon was assigned; the post mortem report records two stab wounds which are not explained by the FIR narration or the statement of the informant who claims to be an eye witness.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant 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 :- 23.12.2021 Faraz