Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48314 of 2018 Applicant :- Akil Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Akil seeking bail in Case Crime No. 848 of 2011, under Sections 307 I.P.C., Police Station Jarifnagar, District Budaun.
Learned counsel for the applicant has submitted that the applicant wast granted bail in the present case on 18.11.2018 and thereafter he had regularly appeared before the court below till 14.03.2016 but on 29.03.2016, he had absented from trial and as such, N.B.W. was issued against him. Pursuant to the said order, applicant surrendered on 6.6.2018 and since then, he is in jail.
Learned counsel for the applicant has next submitted that the applicant had gone Delhi to earn his livelihood, due to which, he could not appear before the court below, therefore, one more opportunity may be given to the applicant and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 6.6.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Akil be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 18.12.2018 Md Faisal