Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52943 of 2019 Applicant :- Sitaram And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Srivastava Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Arun Kumar Srivastava, learned counsel for the applicants as well as Sri C.P. 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 applicants - Sitaram, Sahab Lal & Mintu @ Ramhit with a prayer to release them on bail in Case Crime No. - 347 of 2019, under Sections - 323, 504, 506, 308 I.P.C., Police Station - Khutahan, District - Jaunpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of assault, attempt to commit culpable homicide, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 22.10.2019, the applicants are in confinement since 30.10.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) though investigation is pending in absence of any criminal history, no justifiable cause has been shown to continue the detention of the applicants for an indefinite period;
(vi) on prima facie basis, only it may be noted, according to the applicants the present prosecution has been lodged with respect to a scuffle that had erupted at the spur of the moment and only general allegations have been made against all 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.
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 :- 29.11.2019 Abhilash