Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45713 of 2018 Applicant :- Baba Fareed Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilendra Yadav 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 has gone to Delhi for earning his livelihood due to which he could not appear before the court concerned. In the meanwhile, non- bailable warrant has been 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.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Baba Fareed involved in Case Crime Nos.368 of 2013, S.T. No.30 of 2014, under Sections 395, 397 I.P.C., Police Station Ramgarh, District Firozabad 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;
(i) The applicant will cooperate with the proceeding before the trial court.
(ii) The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 rkg