Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51018 of 2019 Applicant :- Atar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Anubhav Kumar Vimal Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No, 268 of 2012, under Sections 419, 420, 471 and 506 IPC, police station Alau, district Mainpuri, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that earlier the applicant was granted bail on 13.11.2013 and attended the trial proceedings upto 26.4.2018. Thereafter, applicant was arrested in another case being Sessions Trial No. 108 of 2007, under Sections 364-A IPC, police station Ekdil, district Etawah on 22.5.2018 and he was remained in jail in the said case upto 28.10.2018. On account of this reason, the applicant could not appear before the trial court in the present case from 6.8.2018 to 7.12.2018. It is further submitted that the applicant after releasing on bail in the aforesaid Sessions Trial No. 108 of 2007, appeared before the court of this case on 7.12.2018, but the concerned court was vacant, therefore, applicant further appeared on 9.7.2019. Lastly, it is submitted that non appearance of the applicant before the trial court in the present case was not deliberate, but due to bona fide reasons, as mentioned above.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Atar Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019 Sumaira