Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56490 of 2019 Applicant :- Shivam Sahu Opposite Party :- State of U.P.
Counsel for Applicant :- Gunjan Jadwani Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Gunjan Jadwani, learned counsel for the applicant as well as Sri Abhishekh 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 - Shivam Sahu with a prayer to release him on bail in Case Crime No. - 0039 of 2019, under Sections - 323, 324, 325, 307, 504 and 506 I.P.C., Police Station - Babina, District - Jhansi, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 05.02.2019, the applicant is in confinement since 27.11.2019;
(iii) as to the delay, it has been submitted, the applicant was pursuing remedy for grant of anticipatory bail;
(iv) as to criminal history, it has been explained, the applicant had earlier been falsely implicated in certain other cases in which he had 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, the injuries ascribed to the present applicant are simple in nature and the co-accused Hari Ram Sahu and Illu @ Shubham Sahu had already been enlarged on bail by this Court in Criminal Misc. Bail Application No.17866 of 2019 vide order 01.05.2019.
(vii) while the bail application had been vehemently opposed by learned A.G.A., the nature of injuries is serious;
(viii) at present, it appears, the applicant is entitled to bail on parity basis and owing to the description of the injuries as contained in the injury report;
(ix) ) 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 heavy 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.
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 :- 18.12.2019 Saif