Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56387 of 2019 Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Abhishekh Kumar Jaiswal, Advocate, holding breif of Sri Amit Daga, learned counsel for the applicant as well as Sri Abhishekh 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 with a prayer to release him on bail in Case Crime No. - 400 of 2019, under Sections - 323, 307, 452, 504, 506 and 34 I.P.C., Police Station - Saroorpur, District - Meerut, 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 15.10.2019, the applicant is in confinement since 25.10.2019;
(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, for purpose of grant of bail, it has been submitted, in the first place, the role of causing fire arm injury is assigned to co-accused Deepu Tyagi and all injuries are on non-vital body part. Thus, it has been submitted, the applicant 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 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 :- 18.12.2019 Saif