Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47898 of 2019 Applicant :- Mayank Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit and rejoinder affidavit filed today. Taken on record.
2. Heard Sri Ram Sagar, Advocate, holding brief of Sri Vinay Kumar, learned counsel for the applicant as well as Sri Ankit Shrivastav, 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 - Mayank with a prayer to release him on bail in Case Crime No. - 656 of 2019, under Sections - 307, 323, 452, 354, 504 I.P.C., Police Station - Kotwali Nagar, District - Etah, during pendency of trial.
4. 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 18.06.2019, the applicant is in confinement since 09.08.2019;
(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 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 though the incident had taken place at 02:00 p.m., there is no independent eye-witness and that there are gross discrepancies in the FIR narration and the statement recorded under Section 161 Cr.P.C.;
(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.
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 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 :- 27.11.2019 Abhilash