Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46505 of 2019 Applicant :- Yashpal Sharma Alias Rinku Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Anand Kumar Tiwari, learned Advocate, holding brief of Sri Birendra Kumar Mishra, learned counsel for the applicant; 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 applicant - Yashpal Sharma alias Rinku with a prayer to release him on bail in Case Crime No. -263-A of 2013, under Sections -147, 148, 149, 307, 323, 504, 120-B I.P.C., Police Station - Kagaraul, District - Agra, 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;
(ii) against FIR lodged on 24.10.2013, the applicant is in confinement since 11.10.2019;
(iii) though the applicant claims to have cooperated in the investigation. There is delay in his arrest;
(iv) the applicant has 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, it has been submitted, that in the present case, FIR is cross version of the incident reported by the applicant wherein the allegation of murder has been made against the informant (in the present case) and his accomplices. In fact, according to the applicant, Ishwari Singh was injured in the firing by the informant and his accomplices and not by the applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and 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 heavy 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 :- 27.11.2019 S.Chaurasia