Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41232 of 2018 Applicant :- Arvind Opposite Party :- State Of U.P. Counsel for Applicant :- Jaswant Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Arvind seeking bail in Case Crime No. 22 of 2005, under Section 364 A IPC, Police Station Khairgarh, District Firozabad.
Learned counsel for the applicant has submitted that the applicant was released on bail on 01.07.2006 and he continued to appear before the Trial Court till the year 2013. Thereafter, he had gone to Gujarat for earning his livelihood, as such he could not appear before the court below, and, non-bailable warrant has been issued against him as well as proceedings under Section 82/83 CrPC have also been initiated against him. The applicant surrendered before the Court on 02.07.2018 and since then, he is in jail.
Learned counsel for the applicant has submitted that one more opportunity may be given to the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail and he undertakes to co-operate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant is in jail since 02.07.2018.
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 Arvind 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 :- 31.10.2018 Nadim