Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27619 of 2016 Applicant :- Guddu Alias Satendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kishore,Kamlesh Kumar Tripathi,Prashant Kumar Singh,Sanjay Kumar Dubey,Satyendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. A supplementary affidavit has been filed today by learned counsel for applicant is taken on record.
2. Heard Sri Prashant Kumar Singh, learned counsel for accused-applicant, learned A.G.A. appearing for State and perused the material available on record.
3. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 95 of 2013, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ghatampur, District Kanpur Nagar.
4. Order-sheet of Trial Court has been filed by way of supplementary affidavit which shows that trial has proceeded in a snail's pace. Admittedly, prosecution has taken adjournment although examination-in-chief of PW-1 has already been recorded and case was fixed for her cross-examination and till date she has not been cross-examined due to laches on the part of prosecution. Applicant is in jail since 04.02.2013. In case, applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
5. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Guddu Alias Satendra Singh, involved in Case Crime No. 95 of 2013, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ghatampur, District Kanpur Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The application will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
8. In case of reach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 30.5.2019 Siddhant Sahu