Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48442 of 2018 Applicant :- Bhagwan Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the material available on record.
It is a case of bail jumping. The applicants claim that they were on bail in in S.S.T. No. 51 of 2013, (Jaypal vs. Muloo and others), under Sections 395, 397 I.P.C., Police Station - Bar, District - Lalitpur but during the course of proceedings of the trial, they were ill and could not appear before the court concerned as a result of which, Non-Bailable Warrant has been issued against the applicants. The learned counsel for the applicants submits that the applicants have not deliberately and intentionally avoided the proceedings before the trial court. Learned counsel for the applicants also submits that the applicants are ready to furnish an under taking that, in case, they are released on bail, they will not repeat the such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings.
The learned A.G.A. has vehemently opposed the prayer for bail.
In view of the submissions and the undertaking to be given by the applicants that they will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings, this bail application is allowed.
Let the applicants - Bhagwan Singh and Thakurdas involved in S.S.T. No. 51 of 2013, (Jaypal vs. Muloo and others), under Sections 395, 397 I.P.C., Police Station - Bar, District - Lalitpur be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned along with an undertaking that they will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings.
In case of default on the part of the applicants in complying the conditions of such undertaking, the trial court shall be at liberty to proceed in accordance with law.
Order Date :- 18.12.2018 S Rawat