Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52461 of 2019 Applicant :- Sarvesh Alias Tillu Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Gaurav Kakkar, learned counsel for the applicant; as well as Sri Vikash Goswami, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Sarvesh alias Tillu with a prayer to release him on bail in Case Crime No. - 180 of 2019, under Sections -323 & 307 I.P.C., Police Station - Jarcha, District - Gautam Budh Nagar, during pendency of trial.
4. 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 since 17.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) as to the criminal history, it has been explained that the applicant had been earlier falsely implicated in other case, the details of which have been given in the supplementary affidavit. In that case, the applicant had been enlarged on bail and it had been submitted that he has not violated the terms of the bail order;
(v) though investigation is stated to be pending, however, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period of time;
(vi) on prima facie basis only, it has been submitted that though role of stab injury caused by the knife has been assigned to the applicant, perusal of the injury report would reveal a single simple stab injury whereas the allegation against the applicant is of repeated stabbing injury. It has further been submitted that the offence under Section 307 IPC may never be made out;
(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.
5. 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 S.Chaurasia