Saumitra Dayal Singh,J. - (1.) Heard Sri Amit Kumar Dixit, learned counsel for the applicant as well as Sri Inder Pal 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 - Shivanrendra @ Lala with a prayer to release him on bail in Case Crime No. - 233 of 2019, under Section 307 I.P.C., Police Station - Baberu, District - Banda, during pendency of trial.
(3.) Having heard learned counsel for the parties, at present: (i) the applicant is accused offence of attempt to commit murder, punishable with imprisonment that may extend up to life; (ii) against F.I.R. lodged on 19.10.2019, 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 real dispute was with respect of partition of ancestral property. In such circumstances, exaggerated allegations had been made in the F.I.R., which are not true. In any case, the parties are claiming to have entered into a compromise; (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. ;