Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55862 of 2019 Applicant :- Sharukh Alias Shaabu Opposite Party :- State of U.P.
Counsel for Applicant :- Rajnish Dubey,Vijay Kumar Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajnish Dubey, learned counsel for the applicant as well as Sri S.K. 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 - Sharukh Alias Shaabu with a prayer to release him on bail in Case Crime No. - 391 of 2019, under Sections - 307, 504 and 506 I.P.C., Police Station - Majhola, District - Moradabad, 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 07.06.2019, the applicant is in confinement since 10.10.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) as to the criminal history, it has been submitted that the applicant has two cases of criminal history of petty offences, wherein he has already been enlarged on bail;
(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, for purpose of grant of bail, it has been submitted that though specific role has been assigned to the applicant, however, in the injury report, injuries have been shown on the non-vital body part;
(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 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 :- 16.12.2019 Saif