Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1190 of 2021 Applicant :- Bhura Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. It has been submitted that the incident of this case pertains to the year 2011 and that applicant was granted bail by the Session Court vide order dated 28.06.2012. Learned counsel submitted that applicant is a labour and he was working at a brick kiln in Gujarat, due to which he could not appear before the Trial Court and after that he was taken into custody on 15.03.2017 but he was released on bail by order dated 07.04.2017. Learned counsel submitted that to earn his livelihood applicant has again gone to Gujarat and thus, he could not appear before the Trial Court and non-bailable warrants were issued against him on 01.08.2019. It has been submitted that applicant has surrendered before the Trial Court and that now he is in judicial custody since 16.03.2020. Learned counsel submitted that in future applicant would regularly appear before the Trial Court on the date fixed and would cooperate in early disposal of the case. It has been submitted that applicant belongs to lower strata of society and he could not appear before the court below as he went to Gujarat to earn his livelihood. It has been submitted that the applicant is languishing in jail since 16.03.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Bhura involved in Case Crime No.140 of 2011, under Sections 307, 302 and 324 IPC, P.S. Ahmadgarh, District Bulandshahr, be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.7.2021 Neeraj