Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57419 of 2019 Applicant :- Shyam Sunder Opposite Party :- State of U.P.
Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Aditya Prasad Mishra, learned counsel for the applicant as well as Sri Vikash Goswami, 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 - Shyam Sunder with a prayer to release him on bail in Case Crime No. - 526 of 2016, under Sections - 147, 148, 352, 307, 323, 325, 332, 353, 504, 506 I.P.C., Police Station - T.P. Nagar, District - Meerut, 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 24.10.2016, the applicant is in confinement since 11.11.2019. As to the delay, it has been explained that earlier this Court had stayed the arrest of the applicant pending investigation and also after submission of chargesheet. Only on vacation of the stay order, the applicant has been arrested;
(iii) the applicant has 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 for purpose of grant of bail, it has been submitted by learned counsel for the applicant that general allegations have been made against all the accused persons. In that light, it has also been emphasized that the applicant and the victim are both assistant teachers. Only on account of oblique motives, the present applicant has been falsely implicated;
(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.
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 :- 20.12.2019 Abhilash