Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56205 of 2019 Applicant :- Rakesh Singh @ Pintu Opposite Party :- State of U.P.
Counsel for Applicant :- Satyawan Shahi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Prashant Kumar Singh, Advocate, holding brief of Sri Satyawan Shahi, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Rakesh Singh @ Pintu with a prayer to release him on bail in Case No. 240 of 2018, under Sections - 307, 341, 504, 506 IPC, Police Station - Barhaj, District - Deoria, 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 22.9.2018, the applicant is in confinement since 5.3.2019;
(iii) the applicant claims to have cooperated in the investigation, however, there is some delay in applicant being apprehended;
(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 the FIR was lodged with some delay of five days. Then, it has been submitted, the applicant has been falsely implicated only to implicate more persons. While main allegation has been made against one Brijesh Yadav (who has already been enlarged on bail) of having caused the firearm injury in the chest region, the applicant has been unnecessarily implicated on an allegation that he fired at the victim and that bullet scraped the shoulder of the victim. In short, it has been submitted, the applicant has been falsely implicated and, in any case, the injury attributed to the applicant is minor.
(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 or intimidate the witness.
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, 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 :- 17.12.2019 Prakhar