Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48931 of 2018 Applicant :- Irfan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mirza Ali Zulfaqar,Sheeba Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Miss Sheeba Rizvi, learned counsel for the applicant, learned A.G.A. and perused the record.
The submission of learned counsel for the applicant is that the accused-applicant was released on bail and subsequently, he kept absent, whereupon NBW was issued and a warrant recall application has been given from his side but the same was rejected and he was sent to jail. Subsequently, the bail application was given, but the same was also rejected. Further submission of learned counsel for the applicant is that the accused-applicant was regularly appearing in the court, on 25.09.2018 his father was ill and he was busy in his treatment and for that reason he could not attend the court and, therefore, NBW was issued. He further submitted that applicant is languishing in jail since 31.10.2018 and he undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the fact that the accused applicant was initially granted bail and since 31.10.2018, he is in jail, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Irfan be released on bail in S.T. No. 316 of 2014, arising out of Case Crime No. 1239 of 2010, under Section 307 I.P.C., P.S. Swar, District Rampur on furnishing a personal bond and two sureties (one local) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.7.2019 Bhanu