Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44646 of 2019 Applicant :- Sharfuddin And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.,Santosh Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today by the State. Taken on record.
2. Heard Sri Kamlesh Kumar Yadav, learned counsel for the applicants; Sri G.P. Mishra, Advocate, holding brief of Sri Santosh Kumar Singh, learned counsel for the informant as well as Sri Manoj Kumar Dwivedi, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicants - Sharfuddin, Alauddin & Chand Babu @ Salahuddin, with a prayer to release them on bail in Case Crime No. - 67 of 2019, under Sections - 147, 148, 323, 308, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station - Bhurkuda, District - Ghazipur, during pendency of trial.
4. Having heard learned counsel for the parties, at present :
(i) the applicants are accused of offence of assault or attempt to culpable homicide and criminal intimidation, punishable with imprisonment of seven years;
(ii) against FIR lodged on 28.07.2019, the applicants are in confinement since 29.07.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it appears that some incident had occurred at the spur of the moment owing to some objection being raised by the applicants to a particular music being played by the informant. In any case, looking at the nature of injuries and incident and without drawing any inference as to merits, the present applicants are entitled for bail;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicants, 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 applicants involved in the aforesaid crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 S.Chaurasia