Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32811 of 2018 Applicant :- Guddu Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by learned counsel for the applicant that initially applicant was on bail during trial. The applicant did not appear on the date fixed in the matter, therefore, non-bailable warrant was issued against him on 11.2.2005. The applicant has surrendered in this matter and is languishing in jail since 21.5.2018 (more than four months). The applicant is only sole earning male member in his family and entire family is dependent upon him. It is further submitted that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposing the prayer for bail submitted that since the applicant has misused the liberty of bail, the prayer for bail be rejected.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that one more opportunity be granted to the applicant. The bail application is allowed.
Let the applicant Guddu Ram involved in Case Crime No. 105 of 2001, under Section 2/3(1) Gangster Act, Police Station Rasra, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 NS