Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56379 of 2019 Applicant :- Dinesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant; as well as Sri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Dinesh Kumar with a prayer to release him on bail in Case Crime No. -250 of 2003, under Sections -363, 368, 364A I.P.C., Police Station -Khandauli, District - Agra, during pendency of trial.
3. It has been stated that the applicant had been earlier enlarged on bail by this Court on 13.12.2013. He had been participating in the trial for almost three years. However owing to unforeseen circumstances, he could not appear thereafter on 16.12.2016. In any case, the applicant has surrendered on 24.01.2019 and has remained in confinement since then.
4. Thus, it is seen that though the applicant had participated in the trial for three years, the same was not concluded in that time period. Again, the applicant has remained confined for almost one year yet the trial has not concluded.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 18.12.2019 S.Chaurasia