Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42388 of 2020 Applicant :- Bablu Yadav @ Lakhan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Bablu Yadav @ Lakhan Singh in S.T. No. 313 of 2017, Case Crime No. 0237 of 2012, under Section 302 I.P.C., P.S.- Mauranpur, District - Jhansi.
Learned counsel for the applicant has submitted that in this case initially the accused has been granted bail by this Court. The submission of the learned counsel for the applicant is that while he was going to the Court on the date fixed, he was kidnapped. Thereafter, when he was freed by the kidnappers, he gave an application for registration of F.I.R. against them and the application is still pending. Thereafter in another case in District Mahoba, applicant surrendered and he was sent to jail and he remained in jail since March, 2019. Thereafter because of COVID-19 he could not appear and finally he appear before the Court in the present case in September, 2020 and since then, he is in jail. It is further submitted that applicant is prepared to furnish sureties and bonds. Further submission is that there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Bablu Yadav @ Lakhan Singh be released on bail in S.T. No. 313 of 2017, Case Crime No. 0237 of 2012, under Section 302 I.P.C., P.S.- Mauranpur, District - Jhansi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
And also, the learned trial court may impose some rigorous condition so that accused applicant may not further abscond.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 Bhanu