Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35891 of 2018 Applicant :- Aslam Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Behari Mathur Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case the FIR was lodged against the applicant, alleging that on 12.12.2010 the applicant was arrested by the police with one knife and 250 gram Charas.
Learned counsel for the applicant submitted that applicant was initially on bail and thereafter he went to Punjab for employment where he was mentally disturbed, due to which he could not appear before the court concerned, hence non-bailable warrant was issued against him. Thereafter, he surrender before the court concerned on 25.07.2018 and since then he is languishing in jail (about two months), having no other criminal history. He further submitted that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.
Let the applicant Aslam involved in Special Case No. 112 of 2012, relating to Case Crime No. 1363 of 2010, under Section 18/20 N.D.P.S. Act, Police Station Tanda, District Rampur, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.9.2018/VKG