Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56765 of 2019 Applicant :- Shibbu @ Shivram Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Jai Singh Parihar, learned counsel for the applicant as well as Sri S.B. Maurya, learned A.G.A. for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Shibbu @ Shivram with a prayer to release him on bail in Case Crime No. - 136 of 2019, under Sections - 307, 504, 506, 452, 323 of I.P.C., Police Station - Gursarai, District - Jhansi, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of attempt to commit murder, punishable with imprisonment up to life;
(ii) against FIR lodged on 02.08.2019, the applicant is in confinement since 09.08.2019;
(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) charge-sheet 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, in such circumstances, it has been submitted that the applicant has been falsely implicated. In any case, the main role of causing firearm injury, has been assigned to Rajesh Kushwaha, from whom recovery has also been made. Only general allegation has been made against the applicant of accompanying the main accused;
(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 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 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 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.
7. It is made clear, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 19.12.2019 I. Batabyal