Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8332 of 2019 Applicant :- Chhotey Alias Shivbhan Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant had gone to Maharashtra to earn his livelihood due to which he could not appear before the court concerned. In the meanwhile, non-bailable warrant has been issued against him. The applicant promises that he will appear on each and every date fixed and participate in the proceedings before the court below if the one last opportunity is given to him enlarging on bail.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Looking to the facts and circumstances of the case and the promise so made by the applicant, the applicant may be released on bail. Accordingly, bail application is allowed.
Let the applicant - Chhotey Alias Shivbhan involved in Session Trial No.61 of 2013, arising out of Case Crime No. 1009 of 2013, under Sections 394, 411 I.P.C., Police Station Kotwali Kalpi, District Jalaun 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 condition with the following conditions;
(i) The applicant will cooperate with the proceeding before the trial court.
(ii) The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 S Rawat