Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56547 of 2019 Applicant :- Ganesh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajit Manit Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajit Manit Tripathi, learned counsel for the applicant as well as Sri Nagendra 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 - Ganesh with a prayer to release him on bail in Case Crime No. - 191 of 2015, under Section - 272 I.P.C. and Section 60 Excise Act, Police Station - Kampiarganj, District - Gorakhpur, during pendency of trial.
3. At the outset, learned counsel for the applicant states that the applicant had earlier been enlarged on bail by learned sessions judge vide order dated 8.9.2015. While the applicant participated in the trial for more than two years, he could not appear thereafter owing to certain unavoidable circumstances. Thus, the applicant absconded from 8.11.2017, whereafter he surrendered on 17.6.2019 and he is in confinement since then. It does appear that the applicant does not acquire any criminal history during the period in which he absconded.
4. 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.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. 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, 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 Prakhar