Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52594 of 2019 Applicant :- Nikhil Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Subhash Singh Yadav, learned counsel for the applicant as well as Sri Vikas Goswami, 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 - Nikhil Yadav with a prayer to release him on bail in Case Crime No. - 156 of 2019, under Section - 307 IPC, Police Station - Kasimabad, District - Ghazipur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to murder, punishable with imprisonment of ten years;
(ii) against FIR lodged on 13.6.2019, the applicant is in confinement since 19.6.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as to criminal history, though applicant was accused in earlier case lodged in the year 2018, he had been enlarged on bail and has not been found to have violated the terms of bail. The other cases have been lodged after the arrest of the applicant in the present case, purely on the basis of confessional statement.
(v) on prima facie basis only, it has been submitted by learned counsel for the applicant that the applicant was not named in the FIR and victim has named the applicant after two days on mere afterthought.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and 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 :- 28.11.2019 Prakhar