Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4607 of 2018 Applicant :- Israr Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais,Rajesh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard Sri Rajesh Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.106 of 2014 (S.T. No.705 of 2015) (State vs. Anwar and others), under Sections 302 and 120-B I.P.C., Police Station Rampur Maniharan, District Saharanpur.
Learned counsel for the applicant submits that the applicant was already on bail, due to default in presence non-bailable warrant was issued and bail has been rejected by the trial court. He undertakes that in future he will not commit any default and appear on the date fixed by the trial court. In case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 21.11.2017.
Per contra, learned A.G.A. has vehemently opposed the bail prayer.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Israr involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 29.5.2019 Jitendra