Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23894 of 2019 Applicant :- Hawaldar Alias Akash Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 13 of 2004, under Sections 364 I.P.C, P.S Chitrahat, District Agra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel of the applicant that the accused applicant was on bail during trail. Due to non communication by his counsel he could not appear before the trial Court on the date fixed. Thereafter non bailable warrant was issued against him. When he came to know about the non bailable warrant issued against him, he surrendered before the court concerned. Learned counsel for the applicant has further submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is languishing in jail since 09.04.2019, having no criminal history.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Hawaldar Alias Akash involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not pressurize the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the trial Court. In case witness is present, the applicant shall not seek adjournment.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 10.6.2019 Rk