Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51981 of 2019 Applicant :- Momin Opposite Party :- State of U.P.
Counsel for Applicant :- M J Akhtar,Shri V.M. Zaidi, Sr. Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri M.J. Akhtar, learned counsel for the applicant as well as 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 - Momin with a prayer to release him on bail in Case Crime No. - 706 of 2019, under Sections - 147, 148, 149, 452, 336, 323, 504, 506, 307 I.P.C., Police Station - Baraut, District - Baghpat, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder and other offences, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 15.08.2019, the applicant is in confinement since 11.09.2019;
(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) 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, the first information report itself shows that the incident has taken place on account of some disputes between the children of two families, wherein, general role has been assigned to the applicant and others. The fire arm and the other injury suffered by the victims have not been ascribed to any particular accused. In such circumstances, the co-accused- Gulzar has already been enlarged on bail in Criminal Misc. Bail Application No.44531 of 2019 vide order dated 23.10.2019;
(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 Saif