Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52615 of 2019 Applicant :- Vikky Opposite Party :- State of U.P.
Counsel for Applicant :- Lav Srivastava,Renu Singh,Sr. Advocate V.P. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Ms. Renu Singh, Advocate, for the applicant as well as Sri Nagendra Kumar Srivastava, 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 - Vikky with a prayer to release him on bail in Case Crime No. 423 of 2019, under Sections 147, 148, 149, 307, 504, 506 IPC, Police Station - Kotwali Sikandrarau, District - Hathras, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment of ten years years;
(ii) against FIR lodged on 24.08.2019, the applicant is in confinement since 11.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is stated to be pending, however, neither any recovery is outstanding nor any justification has been shown for continued detention of the applicant for an indefinite period;
(vi) on prima facie basis only, it may be noted, according to the applicant, he has been falsely implicated on account of pre- existing disputes between the parties with respect to the sale and purchase of certain land. Referring to the injury report and the statement of the injured, it has been submitted that the nature and extent of injury, as claimed in the FIR, is clearly not borne out from the statement and such report. Also, reference has been made to the delay in lodging the FIR and the fact that the injured was discharged from the hospital soon after he was admitted;
(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 :- 28.11.2019 AHA