Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49216 of 2018 Applicant :- Avadhesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Malviya 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 Avadhesh seeking bail in Case Crime No. 259 of 2014, under Sections 307,504 IPC, P.S. Bahajoi, District Sambhal.
Learned counsel for the applicant has submitted that the applicant was granted bail on 8.7.2014 by the court below and he continued to appear before the trial court till 11.8.2015 and thereafter absented from trial as such N.B.W. was issued against the applicant. The applicant has surrendered before the trial court on 25.9.2018 and since then he is j ail.
Learned counsel for the applicant has next submitted that the applicant is a poor labourer and has gone out for earning his livelihood and as such he could not appear before the trial court. Learned counsel for the applicant has next submitted that the applicant undertakes to appear before the trial court and in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Avadhesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy 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.
The trial court is directed to expedite t he trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 20.12.2018 R