Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56472 of 2019 Applicant :- Moti Opposite Party :- State of U.P.
Counsel for Applicant :- Pawan Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Pawan Kumar Dubey, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Moti with a prayer to release him on bail in Case Crime No. - 256 of 2019, under Sections - 307, 504 IPC, Police Station - Nigohi, District - Shahjahanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to commit murder, punishable with imprisonment of upto life;
(ii) against FIR lodged on 10.7.2019, the applicant is in confinement since 17.9.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet 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, in the first place, FIR is belated having been lodged 20 days after the incident. Then, it has been submitted, the main role has been assigned to the co-accused Ladhu and that the applicant has only been assigned the role of catching hold;
(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 witness.
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 :- 18.12.2019 Prakhar