Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38428 of 2018 Applicant :- Asim Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Imran Mabood Khan, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Asim in Case Crime No. 153 of 2011 (S. T. No. 1154 of 2011), under Section 302 I.P.C., Police Station- Galshaheed, District- Moradabad with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that during pendency of sessions trial in Case Crime No. 153 of 2011, in which the applicant was already granted bail, he was falsely implicated in another murder case and was sent to jail on 31.07.2013. It is stated that the other murder case is also of the same district, however, he was never summoned by the trial court by a B-warrant. S.T. No.161 of 2013 resulted into acquittal of the applicant. It is stated that since the applicant was detained in another case since 31.07.2013, he could not appear in the present case. Therefore, there is no wilful default on the part of the applicant. Leaned counsel for the applicant states that there is no early prospect of conclusion of trial. The applicant shall appear on each and every date fixed by trial court. In case of default, the courts below shall be at liberty to cancel bail of the applicant. Therefore, the applicant is entitled to be enlarged on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Asim 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018 Vikas