Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40168 of 2019 Applicant :- Chaman Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 324 of 2014, Under Sections 413 and 414 I.P.C., P.S. G.R.P. Moradabad, district-Moradabad and is in jail since 26.4.2019, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was granted bail by the court below but on account of his failure to appear before the trial court on few dates due to sudden illness, the learned trial Judge cancelled his bail bonds and issued non-bailable warrant against the applicant. He further 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 on 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.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Chaman involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to 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 :- 30.9.2019 Faridul