Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30536 of 2018 Applicant :- Babloo Gond Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dharmendra Kumar, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Babloo Gond in S.T. No. 265 of 2014 arising out of Case Crime No.443 of 2008, under Sections 363, 366, 376 I.P.C. Police Station Kotwali Padrauna, District-Kushi Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant was granted bail by this Court on 5.04.2011. and he was continuously attending the trial court till 30.07.2014. However, as the applicant belongs to poor strata of the society, he had to leave his village to earn his livelihood, due to which he could not appear before the court and non-bailable warrants were issued. The applicant surrendered before the court below on 31.03.2018. It is argued that the applicant undertakes to appear on each and every date in the trial court and in case there is any default on his part, the trial court would be at liberty to cancel his bail. In fact, there is no willful default on his behalf. Therefore, the applicant may be enlarged on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Babloo Gond be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicant shall report to the trial court concerned on each and every date till conclusion of trial to show his good conduct or behavior and cooperate in the trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.9.2018 MN/-