Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52202 of 2019 Applicant :- Jagveer Opposite Party :- State of U.P.
Counsel for Applicant :- Gavendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Gavendra Kumar Mishra, learned counsel for the applicant as well as Sri C.P. Singh, learned A.G.A. for the State and perused the material available on record.
2. The instant bail application has been filed on behalf of the applicant - Jagveer with a prayer to release him on bail in Case Crime No. - 256 of 2013, under Sections - 363, 366 I.P.C. and Section 3/4 POCSO Act, Police Station - Babugarh, District - Hapur, during pendency of trial.
3. It has been submitted that though the applicant had been enlarged on bail by learned Session Judge in the year 2015, the applicant was not aware of the trial proceedings and later non- bailable warrants were issued. In any case, an exemption application had been filed on his behalf on account of his illness, but the learned court below refused to accept it and the applicant is in confinement since 25.10.2019.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Saif