Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56828 of 2019 Applicant :- Bhola @ Chand Opposite Party :- State Of U.P Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Surendra Kumar Tripathi, learned counsel for the applicant as well as Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Bhola @ Chand with a prayer to release him on bail in Case Crime No. - 713 of 2017, under Sections - 363, 366 I.P.C., Police Station - Shahganj, District - Agra, during pendency of trial.
3. At the outset, learned counsel for the applicant submits that the applicant had been enlarged on bail by this Court in Criminal Misc. Bail Application No. 35300 of 2018 vide order dated 18.9.2018. While the applicant was regularly participating at the trial, he could not attend the proceeding at one date whereupon he was taken into custody. Keeping in mind the entire facts and circumstances of the case wherein the victim girl is stated to be the married wife of the applicant and they are living together, the present applicant is entitled for bail.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 Prakhar