Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49257 of 2018 Applicant :- Dinesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and the learned A. G. A. for the State.
I have perused the record.
The perusal of the record shows that earlier the applicant was on bail in this case but during trial he absconded and NBW were issued against him since 26.07.2012. Later on, process under Section 82 and 83 Cr.P.C. was also issued.
Learned counsel for the applicant has submitted that the applicant had gone out of district Auraiya 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 Dinesh Yadav involved in Case Crime No. 440 of 2009 under Section 392 I.P.C., Police Station Auraiya, District Auraiya 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 :- 21.12.2018 Ujjawal