Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15205 of 2018 Applicant :- Chhote Pandit @ Chandra Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Narayan Tiwari,Ram Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant has already been granted bail by the court below on 27.3.2000 but on account of his failure to appear before the trial court on few dates due unavoidable circumstances, the learned trial Judge has cancelled his bail bonds and issued non-bailable warrant against him, whereupon he surrendered before the trial court on 7.12.2017 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 further 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. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Chhote Pandit be released on bail in Case Crime No. 25 of 1997, under Section 364A I.P.C., P.S. Chitrahaat, district-Agra on furnishing a personal bond and two sureties of Rs. two lac each (one should be of his family member) in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.9.2018 Faridul