Allahabad High Court
Satish vs State Of U.P. on 19 November, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50504 of 2019 Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashish Mishra, learned counsel for the applicant as well as Sri Vikas Goswami, 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 - Satish with a prayer to release him on bail in Case Crime No.198 of 2019, under Sections 307 & 342 I.P.C., Police Station Thana Bhawan, District Shamli, 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; against the FIR lodged by the police party on 23.05.2019, the applicant was arrested on 23.05.2019 itself and has been in confinement since then;
(ii) the applicant claims to have cooperated in the investigation; while the police claims that the applicant had fired at the police party; the applicant disputes the whole story as false and fabricated;
(iii) as to the criminal history, it has been stated that the applicant, has been falsely implicated in a case being Case Crime No. 842 of 2019, under Section 364-A IPC, Police Station Kotwali Shamli, District Shamli. He has been enlarged on bail on 11.11.2019 in Criminal Misc. Bail Application No. 48058 of 2019;
(iv) the investigation has been concluded, charge sheet submitted, however, the trial has not yet commenced; thus, it is not likely that the trial would be concluded at an early date;
(v) on prima facie basis, the learned AGA pointed out firearm injury caused to the police personnel; however, it does not appear that the same has been caused by the applicant, inasmuch as no specific role has been assigned; in any case, FIR has been lodged at the instance of the police party and there is no likelihood of the evidence being tampered by the applicant;
(vi) 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.
4. 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 that:
(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 :- 19.11.2019 AHA