- (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.;