Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46460 of 2019 Applicant :- Vijay Singh @ Sanjay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Devesh Pandey,Pravinendra Bahadur Singh,Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.,Rakesh Tripathi I
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today by the informant as also supplementary affidavit filed today by the applicant. Taken on record.
2. Heard Sri Surya Pratap Singh Parmar, learned counsel for the applicant; Sri Rakesh Tripathi, learned counsel for the informant as well as Sri Ankit Shrivastav, 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 - Vijay Singh @ Sanjay Singh with a prayer to release him on bail in Case Crime No. -0036 of 2019, under Section -307 I.P.C., Police Station - Shankargarh, District - Prayagraj (Allahabad), 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 of ten years;
(ii) against FIR lodged on 10.02.2019, the applicant is in confinement since 27.08.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as to criminal history, there appears to be one earlier case lodged against the applicant wherein alongwith ten other persons allegation of abetment to suicide has been made;
(v) in that case investigation is still pending. However, the applicant would submit that the said case involves false implication of the applicant owing to money having been advanced by the applicant to the deceased;
(vi) on prima facie basis only, it has been submitted that even according to the FIR allegation, the role of using firearm has been assigned to the brother of the applicant Monu Singh, who is still absconding. Insofar as the applicant is concerned, he has remained in confinement for almost three months yet no recovery has been made from him;
(vii) 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 :- 27.11.2019 S.Chaurasia