Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41332 of 2018 Applicant :- Babloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present bail application has been filed by the applicant in S.T. No. 234 of 2010 arising out of case crime no.710 of 2009 under Sections 364/302/394/201 IPC, P.S. Sikandara Rao, District Hathras.
Learned counsel appearing on behalf of the applicant submits that initially applicant was not named in the FIR and during the investigation police has recorded the statement of co-accused in which his name has been disclosed and he was arrested. The submission of learned counsel for the applicant is that the applicant was granted bail in the aforesaid sessions trial but he is not aware that from which court and on which date the said bail was granted. He further submits that applicant was continuously attending the trial proceedings till 5.9.2017 but as he was suffering from jaundice and advised by doctor to take rest, he could not appear before the court on several dates and, therefore, NBW was issued against him. It is also submitted that if the applicant is released on bail he undertakes to appear on each and every date before the trial court and, in case, there is any default on his part, the trial court would be at liberty to cancel the same. Learned counsel lastly submits that in fact there is no wilful default on the part of the applicant, therefore, the applicant may be enlarged on bail.
Per-contra learned AGA has vehemently opposed the prayer for grant of bail to the applicant by submitting that applicant was deliberately absconding from the trial proceedings and in support of the said arguments he pointed out page 15 of the paper book which clearly shows that on 5.9.2017 the applicant was not present before the concerned court but application for exemption of appearance has been moved and on the said application appearance was exempted by the court below and next date fixed was 6.10.2017. He further submits that from 6.10.2017 the matter was listed several times but applicant has chosen not to appear before the concerned court and even no exemption application has been moved by him and ultimately on 7.7.2018 he surrendered before the court by his sureties, as such, present bail application is liable to be dismissed.
I have heard learned counsel for the petitioner, learned AGA and perused the record.
In the present case after perusal of the order sheet, annexure no. 2 to the application, it is clear that applicant was not appeared before the concerned court on different dates and no exemption application has been moved on his behalf and when NBW was issued against him he was presented before the court by his sureties on 7.7.2018 and sent to the district jail. In view of this, it is evident that applicant has misused the liberty of bail and has not cooperated in the trial proceedings.
Considering the aforesaid facts and circumstances of the case, the nature of allegations, the gravity of offence, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
Present bail application is dismissed, accordingly.
Order Date :- 29.10.2018 Shekhar [Chandra Dhari Singh, J.]