Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52910 of 2019 Applicant :- Raju Bihari @ Raju Yadav @Ajay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ankit Kapoor, 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 - Raju Bihari @ Raju Yadav @Ajay Yadav with a prayer to release him on bail in Case Crime No. - 200 of 2019, under Section -307 I.P.C., Police Station - Lohta, District - Varanasi, 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 of ten years;
(ii) against FIR lodged on 18.07.2019, the applicant is in confinement;
(iii) the applicant claims to have cooperated in the investigation and he was arrested from the spot;
(iv) the applicant has no criminal history, however, after the present incident some other cases had been lodged against the applicant;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that the applicant had been falsely implicated by the police only on account of the fact that in the firing made by the police, the applicant had suffered certain injuries which fact is admitted in the FIR and for which the applicant was also offered treatment;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
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 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 :- 29.11.2019 S.Chaurasia