Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57369 of 2019 Applicant :- Sikandar Rajbhar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Gosain Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Subhash Gosain, learned counsel for the applicants; as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Sikandar Rajbhar & Jogendra Rajbhar with a prayer to release them on bail in Case Crime No.
-272 of 2019, under Sections -147, 148, 149, 225, 342, 332, 333, 353, 186, 307, 394, 427 I.P.C. & 7 Criminal Law (Amendment) Act, 1932, Police Station - Jansa, District - Varanasi, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of attempt to murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 29.10.2019, the applicants are in confinement since then;
(iii) the applicants claim to have cooperated in the investigation;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet 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 that though the applicants have been nominated in the FIR, however a general role has been assigned to them and about 150-200 others. Then, keeping in mind, the nature of injuries, it has been submitted, it is difficult to ascribe any particular injury to the applicants;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, 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 applicants involved in the aforesaid crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 S.Chaurasia