Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32266 of 2018 Applicant :- Bhumiraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.K. Srivastava, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant was granted bail in the aforesaid case by the court below on 9.8.2012 and thereafter he regularly attend the Court for more than two years. He next submitted that in order to earn his livelihood the applicant was compelled to travel to different places and as a result thereof he could not appear before the trial court on 1.12.2014, learned trial judge had issued non- bailable warrant against him whereupon he surrendered before the trial court on 7.5.2018 and since then he is in jail. He next submitted that non appearance of the applicant before the trial court on few dates was not deliberate but due to the reason stated herein above. He next submitted that the applicant shall attend the court each and every date in future and co-operate in the expeditious disposal of the trial. He lastly submitted that the applicant, who has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Bhumiraj involved in Case Crime No. 370 of 2012, under Section 60 Excise Act and 272, 273 I.P.C., P.S. Kurawali, district-Mainpuri be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 24.8.2018 Faridul