Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27371 of 2018 Applicant :- Dushyant Kumar Arya Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Kapil Kumar,Rajan Srivastava,Sandhya Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
This is second bail application of applicant after rejection of his first Criminal Misc. Bail Application No.7098 of 2015 vide detailed order dated 29.7.2016.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Smt. Sandhya Singh, learned counsel for applicant, learned A.G.A. and perused record.
Learned counsel for applicant contends that applicant has been falsely implicated in this case for the offences under Sections 420, 406, 120-B I.P.C. which are punishable with a maximum period of imprisonment for 7 years; that applicant is in custody since 4.2.2015 and the trial has not commenced as yet; that applicant has undergone more than 1/2 of the maximum sentence prescribed for the offences being in custody for last more than 4 years and so is entitled for bail under the provisions of Section 436-A of C.P.C.; that applicant was also implicated in some more cases at the same time in which he has been granted bail; that applicant undertakes that he will not misuse liberty of bail; that applicant is languishing in custody since 4.2.2015.
Learned A.G.A. opposed prayer of bail.
Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.
Let the applicant Dushyant Kumar Arya be released on bail in Case Crime No.340-C of 2014, under Sections 420, 406, 120-B I.P.C., P.S. Haldaur, District Bijnor, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with prosecution evidence and will not delay disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.
Order Date :- 26.7.2019 Kpy