Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3035 of 2019 Applicant :- Banti Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Banti seeking bail in Case Crime No. 499 of 2013, under Sections 147, 148, 323, 504, 506, 336, 307, 341, 427 IPC and section 7 Criminal Law Amendment Act., P.S.Atmauddaula, District Agra.
Learned counsel for the applicant has submitted that the applicant was granted bail on 29.7.2013 and he continued to appear before the trial court till 21.6.2016, however, he could not appear before the trial court on 12.7.2016 and N.B.W. was issued against the applicant. Learned counsel for the applicant has next submitted that pursuant to the N.B.W. issued against the applicant, the applicant was arrested on 6.12.2018 and was remanded to judicial custody and since then he is in jail. Learned counsel for the applicant has next submitted that the applicant has fallen seriously ill and lost his memory as such under the unavoidable circumstances he could not appear before the trial court to face the trial. Learned counsel for the applicant has next submitted that the applicant undertakes to appear before the trial court on each and every date fixed by the trial court and one more opportunity may be given to him to face the trial.
It is lastly submitted that the applicant is in jail since 6.12.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Banti be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties (one family member) of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 28.2.2019 R