Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44565 of 2018 Applicant :- Azruddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Adil,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant was granted bail by this Court vide order dated 29.09.2011 in Criminal Misc. Bail Application No.25117 of 2011, copy whereof has been annexed as annexure no.2 to the affidavit filed in support of this bail application. The applicant could not appear before the court concerned because he was detained in jail concerning with other cases. In the meanwhile, non-bailable warrant was issued against him. The applicant promises that he will appear on each and every date fixed and participate in the proceedings before the court below if the one last opportunity is given to him enlarging on bail.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Looking to the facts and circumstances of the case and the promise so made by the applicant, the applicant may be released on bail. Accordingly, bail application is allowed.
Let the applicant Azruddin involved in S.T. No.1107-A of 2011, (State Vs. Azruddin) arising out of Case Crime No.60 of 2011, under Sections 342, 395, 397, 412 I.P.C., Police Station Kandhla, District Shamli (pending in district Muzaffarnagar) be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition with the following conditions;
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed.
4. The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In defiance of any of the aforesaid conditions, the court will be at liberty to cancel the bail of the applicant and to take him into custody.
Order Date :- 22.1.2019 rkg