Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27926 of 2018 Applicant :- Noorullah Opposite Party :- State of U.P.
Counsel for Applicant :- Ghan Shyam Das,Sri Kamal Krishna, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Kamal Krishna, learned Senior Advocate, with Shri Ghan Shyam Das, Advocate, for the applicant as well as Sri Sanjay Kumar 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 - Noorullah with a prayer to release him on bail in Case Crime No. 343 of 2017, under Sections 302, 201 IPC, Police Station - Sarpathan, District - Jaunpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of murder, punishable with imprisonment of life or death penalty;
(ii) against FIR lodged on 26.06.2017, the applicant is in confinement since then;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, however, trial is lingering on;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the present is not a case of premeditated murder but a case of culpable homicide not amounting to murder inasmuch as the parties had been leading a normal married life for a long period of 15 years and there had been no earlier incident of any violence reported against the applicant. In these circumstances, owing to sudden quarrel that erupted between the parties, injury may have been suffered by the victim as may have resulted in her death, however, the same was not the intended cause of the assault;
(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 witnesses.
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 heavy 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.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 17.12.2019 AHA