Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55843 of 2019 Applicant :- Puneet Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Tiwari,Akhilesh Tripathi Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri S.K. Gupta, Advocate holding brief of Anil Kumar Tiwari, learned counsel for the applicant as well as Sri Vikas Goswami, 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 - Puneet Tiwari with a prayer to release him on bail in Case Crime No. - 292 of 2019, under Sections - 147, 148, 307, 395, 397, 427 I.P.C., Police Station - Kydganj, District - Allahabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 17.07.2019, the applicant is in confinement since 02.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) as to the criminal history, it has been submitted that the applicant had also been falsely implicated in another case, wherein he had enlarged on bail by this Court;
(v) chargesheet is not clear, however, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, for purpose of grant of bail, it has been submitted that co-accused Aditya Narayan Mishra, who had been falsely implicated in similar allegation, during investigation had already been enlarged on bail by this Hon'ble Court in Criminal Misc. Bail Application No. 44564 of 2019 vide order dated 23.10.2019. For the reason contained in that order, the applicant is also entitled to bail;
(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 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 investigation/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.
Order Date :- 16.12.2019 Saif