Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56766 of 2019 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant; 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 applicant - Rahul with a prayer to release him on bail in Case Crime No. -215 of 2019, under Section -307 I.P.C., Police Station -Kishani, District - Mainpuri, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 30.05.2019, the applicant is in confinement since 20.07.2019. However, there is some delay before the applicant came to be apprehended;
(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) 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 applicant had been falsely implicated owing to other disputes, inasmuch as, though the incident is of 24.05.2019, the FIR came to be lodged on 30.05.2019. Also, it has been submitted that, in any case, even according to the chargesheet material, the incident had occurred on account of sudden quarrel that had erupted between the parties wherein both sides were in an inebriated state;
(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, the 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 S.Chaurasia