Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47952 of 2019 Applicant :- Nain @ Nayan Haldhar Opposite Party :- State of U.P.
Counsel for Applicant :- Bhupendra Pal Singh,Mukesh Kumar Jha,Satyawati Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mukesh Kumar Jha, learned counsel for the applicant; Sri Janardan Prakash, 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 - Nain @ Nayan Haldhar with a prayer to release him on bail in Case Crime No. - 629 of 2019, under Section - 306 I.P.C., Police Station - Sector-39 Noida, District - Gautam Budh Nagar, during pendency of trial.
3. Learned counsel for the applicant specifically states that no evidence has been received at the trial till now. In such circumstances, present bail application has been taken up for consideration on merits.
4. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 08.7.2019 , the applicant is in confinement since 09.7.2019.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted but the trial has remained pending. 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 that the applicant has remained confined for more than two years on allegations arising solely on suspicion; the marriage was barely three months old; there were no earlier complaint with respect to demand of dowry or cruelty practised by the applicant; no injuries have been noted in the post mortem report; the occurrence was suicidal arising from other facts and reasons not attributable to the present applicant; in any case there is no allegation of any positive act committed by the applicant as may have provoked the deceased to commit suicide.
(vi) 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 :- 16.12.2021 Faraz