Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48812 of 2019 Applicant :- Praveen Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Shukla,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today is taken on record.
2. Heard Sri Alok Kumar Srivasta , learned counsel for the applicant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Praveen Kumar with a prayer to release him on bail in Case Crime No. - 367 of 2019, under Sections - 452, 307, 504 and 506 I.P.C., Police Station - Sadabad, District - Hathras, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 18.08.2019, the applicant is in confinement since 11.09.2019;
(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) though investigation is pending against applicant yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, it may be noted, according to the allegations explained in the F.I.R., the main dispute existed between the informant and Arvind, who happens to be acquainted to the present applicant. Then, it has been submitted that neither any injury has been suffered by the present applicant, nor there is any recovery made from him. In fact, the applicant is pursuing a course at I.T.I. and has been falsely implicated;
(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.
5. 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Saif