Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56842 of 2019 Applicant :- Pradeep Opposite Party :- State Of U.P Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Amit Daga, learned counsel for the applicant; Sri Rajesh Pachauri, learned counsel for the informant (upon appearance filed today) as well as Sri Ankit Srivastava, 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 - Pradeep with a prayer to release him on bail in Case Crime No. - 255 of 2018, under Section - 307 IPC, Police Station - Chhata, District - Mathura, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 6.12.2019, the applicant is in confinement since 12.11.2019. In that regard, it has been submitted, the applicant had earlier been enlarged on bail and he has fully complied with the terms and conditions of the bail order. Upon submission of charge-sheet under Section 307 IPC, the applicant has been arrested;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) charge-sheet 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 by learned counsel for the applicant that, earlier, injuries with blunt and hard object had been reported and general accusations had been made against the five accused persons. Subsequently, during investigation, a firearm injury has been reported, which has been attributed to the present applicant.
4. The bail application of the applicant has been vehemently opposed by learned AGA and learned counsel for the informant, who would submit that, initially, investigation had been wholly manipulated and it was only upon orders passed by the higher police authorities, further investigation was made and, at present, the allegation of offence under Section 307 IPC is made out on the basis of forensic report.
5. Having heard learned counsel for the parties and having perused the record, without entering the merits of the case, at present, it appears that during investigation, the applicant had been enlarged on bail and he is not shown to have violated the terms and conditions of the bail order. The trial is expected to take some time.
6. 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.
7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
9. 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 :- 19.12.2019 Prakhar