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Allahabad High Court · body

2020 DIGILAW 80 (ALL)

Akhilesh v. State of U. P.

2020-01-08

SAUMITRA DAYAL SINGH

body2020
JUDGMENT : 1. Heard Sri Yashpal Yadav, learned counsel for the applicant as well as Sri C.P. Singh, learned A.G.A. for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant -Akhilesh with a prayer to release him on bail in Case Crime No. -125 of 2019, under Sections -324, 307 of I.P.C., Police Station -Kandharpur, District -Azamgarh, during pendency of trial. 3. Having heard learned counsel for the parties, at present: (i) the applicant is accused of offence of attempt to murder, punishable with imprisonment that may extend up to life; (ii) against F.I.R. lodged on 19.07.2019, the applicant is in confinement since then; (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) charge-sheet has already been submitted, however the trial has yet not commenced. Therefore, there is no hope of early conclusion of the trial; (vi) as to prima facie case, for purpose of grant of bail, it has been submitted that the applicant has been falsely implicated on exaggerated allegations. The applicant is son of the victim and it is claimed that there are pre-existing money disputes between the parties. As to the injuries, the same are claimed to be simple in nature; (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 or intimidate the witnesses. 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 investigation 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. (ii) The applicant shall cooperate in the investigation 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. 7. It is made clear, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.