Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52984 of 2019 Applicant :- Shiva Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri S.P. Pandey, Advocate, holding brief of Sri Yogesh Kumar Tripathi, learned counsel for the applicant 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 - Shiva with a prayer to release him on bail in Case Crime No. - 224 of 2019, under Sections - 323, 341, 326 IPC, Police Station - Hapur Dehat, District - Hapur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence having caused grievous hurt by dangerous weapons or means, punishable with imprisonment upto life;
(ii) against FIR lodged on 18.7.2019, the applicant is in confinement since 19.7.2019;
(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 by learned counsel for the applicant, that scuffle had taken place between the parties at the spur of the moment which has been blown out of proportion. The injuries have been doubted by stating that the x-ray report has yet not been made part of the case-diary, as may bring out any fracture injury.
(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.
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 :- 29.11.2019 Prakhar