Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56775 of 2019 Applicant :- Om Sharan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dileep Singh Yadav, 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 - Om Sharan & Anil Kumar with a prayer to release them on bail in Case Crime No. -149 of 2018, under Sections - 323, 324, 452, 308, I.P.C., Police Station - Thathiya, District - Kannauj, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicants are accused of attempt to commit culpable homicide, punishable with imprisonment of seven years;
(ii) against FIR lodged on 31.05.2018, the applicants are in confinement since 06.12.2019. As to the delay, it has been explained that there was an interim bail operating in favour of the applicants;
(iii) the applicants claim to have cooperated in the investigation;
(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 for purpose of grant of bail, it has been submitted that the common role of assault has been assigned to the four accused persons. There is only one fracture injury, and thus at this stage, it cannot be ascertained that the said injury had been caused by the applicants;
(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 or intimidate the witnesses.
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 :- 19.12.2019 S.Chaurasia