Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55884 of 2019 Applicant :- Fareed Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri D.K. Pandey, learned counsel for the applicant as well as Sri S.K. Singh, 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 - Fareed with a prayer to release him on bail in Case Crime No. - 302 of 2013, under Sections - 147, 148, 149, 307, 399 and 402 I.P.C., Police Station - Nagal, District - Saharanpur, during pendency of trial.
3. At the outset, it has been stated that the applicant had been earlier enlarged on bail by learned Sessions Judge vide order dated 13.02.2014 and that the applicant regularly appeared at the trial since 2013, i.e. three years, but thereafter he could not appear due to some unavoidable circumstances. Thus, non- bailable warrant came to be issued against him and he has been confined since 18.09.2019.
4. Having heard learned counsel for the parties, though the applicant absconded for a period of two years, however, his prior conduct also cannot be ignored, wherein he had participated in the trial for three long years.
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, 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, 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 :- 16.12.2019 Saif