Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4625 of 2019 Applicant :- Dogar Rajpoot Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Dogar Rajpoot seeking bail in Case Crime No. 1134 of 2004, and S.T. No. 3 of 2005 under Sections 364 IPC, Police Station Kotwali Orai, District Jalaun.
Learned counsel for the applicant submitted that the applicant was granted bail in the year 2004 and he continuously appeared before the trial till 7.7.2014.It is further submitted that due to non appearance, non bailable warrant was issued against the applicant on 22.7.2014. Pursuant to which, applicant surrendered before the trial court on 16.11.2018 and since then, applicant is in jail. Learned counsel for the applicant next submitted that the applicant is a poor villager and has gone to Gujarat to earn his livelihood, as such could not appear before the trial court . Learned counsel for the applicant further submitted that applicant undertakes that he will appear on each and every date fixed by the trial court and will co-operate in the trial by all means and one more opportunity be given to him to face the trial.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 16.11.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Dogar Rajpoot be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties (one surety should be of a family member of the applicant) of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
iii)The applicant shall not pressurize the prosecution witnesses.
(iv)The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six month from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 27.2.2019 aks