Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55353 of 2019 Applicant :- Tinku @ Avanish Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A.,C.P. Pandey
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Anurag Dubey, Advocate, holding brief of Sri Rajeev Tiwari, learned counsel for the applicant; Sri Mohd. Azam, Advocate, holding brief of Sri C.P. Pandey, learned counsel for the informant as well as Sri S.B. Maurya, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Tinku @ Avanish with a prayer to release him on bail in Case Crime No. - 12 of 2014, under Section - 307 I.P.C., Police Station - Chhibramau, District - Kannauj, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 09.01.2014, the applicant is in confinement since 03.11.2019. In that regard, upon earlier police investigations, the FIR allegations were found false and twice final reports had been submitted. The applicant has been recently summoned on 24.12.2018. Against that order, the applicant had filed revision wherein he had been granted stay. Thus, there is no delay caused by the applicant;
(iii) infact, in an earlier case lodged by the same informant, the allegations were found to be false and final report had been submitted;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that there is long standing dispute between the parties. Two FIRs were registered against the informant and the injured at the behest of the present applicant and his father alleging commission of offence under Section 308 and 307 IPC. The accused persons in those cases have been chargesheeted and the trial of those cases are still pending. In such circumstance and in history of false case, it has been submitted that the applicant has been falsely implicated. In any case, for a long period of 5 years, the applicant has been cooperating in the investigation as also in the court proceedings;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 Abhilash