Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52649 of 2019 Applicant :- Narendra Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Udai Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Avanish Pratap Singh, learned counsel for the applicants as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Narendra Singh and Hari Singh with a prayer to release them on bail in Case Crime No. - 150 of 2019, under Sections - 147, 148, 149, 307, 452, 506, 427 I.P.C., Police Station - Sarsawa, District - Saharanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of attempt to murder, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 09.05.2019, the applicants are in confinement since 17.05.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) as to criminal history, it has been explained that though the applicants who had earlier been accused of similar offence in the year 2018, they have been enlarged on bail in those cases;
(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 applicants though the FIR was lodged against five named persons, no specific role has been assigned to any of the applicants. Twenty two days after the occurrence and 17 days after the victim had been discharged from the hospital, he first named the applicants in his statement made at that stage. Thus, it has been submitted that the applicants claim to have been falsely implicated by way of an after thought. Also, it has been submitted that co-accused Akash, Pankaj, Rajat, Subham @ Vikas & Kulvindra have already been enlarged by this Court in Criminal Misc. Bail Application Nos. 50209 of 2019, 29466 of 2019, 30828 of 2019, 30834 of 2019 & 30247 of 2019, vide orders dated 18.11.2019, 23.07.2019, 01.08.2019, 01.08.2019 & 30.07.2019;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, 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 applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Abhilash