Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52296 of 2019 Applicant :- Nisar Ahmad And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajesh Kumar, learned counsel for the applicants; as well as Sri Nagendra Kumar Srivastav, 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 - Nisar Ahmad, Shakil Ahmad & Salman Ahmad with a prayer to release them on bail in Case Crime No. -325 of 2018, under Sections - 308, 324, 504, 452 I.P.C., Police Station -Fatehganj West, District - Bareilly during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicants are accused of attempt to culpable homicide and causing grievous hurt, punishable with imprisonment of seven years;
(ii) against FIR lodged on 17.06.2018, the applicants are in confinement since 22.10.2019; It has also been submitted that earlier the applicants were on interim bail;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that scuffle erupted between the children of two family members has been blown out of proportion;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and 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 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 :- 27.11.2019 S.Chaurasia