Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51913 of 2019 Applicant :- Sanjesh Opposite Party :- State of U.P.
Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.,A.Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Niklank Kumar Jain, learned counsel for the applicant; Ms. Pratibha Singh, learned counsel for the informant as well as Sri Nagendra Kumar Srivastava, 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 - Sanjesh with a prayer to release him on bail in Case Crime No. - 70 of 2019, under Sections - 147, 148, 336, 307, 323, 504, 506 IPC, Police Station - Rizor, District - Etah, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to murder and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 6.6.2019, the applicant is in confinement since 3.10.2019;
(iii) the applicant claims to have cooperated in the investigation;
(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, it has been submitted, there is cross version of the incident lodged at the instance of the applicant wherein informant and other have been charged. As to the allegations made against the applicant of having made the assault with an axe and having caused grievous hurt. Further it has been submitted, no incised wound and no fracture injury was suffered by the victim;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant 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 :- 28.11.2019 Prakhar