Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55814 of 2019 Applicant :- Jony Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mohd. Aslam, learned counsel for the applicant as well as Sri Nagendra Kumar Srivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Jony with a prayer to release him on bail in Case Crime No. - 799 of 2015, under Sections - 364-A, 120-B I.P.C., Police Station - Deoband, District - Saharanpur, during pendency of trial.
3. Earlier, the applicant had been enlarged on bail by this Court in Criminal Misc. Bail Application No. 32120 of 2016, vide order dated 17.09.2016. However, it is the case of the applicant that though he appeared in the trial proceedings for almost two years, however, owing to ill health, he could not appear thereafter since 18.08.2018. In such circumstances, bail had been cancelled and non- bailable warrants had been issued against the applicant. He is in jail since 06.03.2019. The applicant further undertakes to regularly and continuously participate in the trial proceedings, if he is enlarged on bail.
4. Having heard learned counsel for the parties, it appears that present is an old trial of the year 2015. For two years, the applicant appears to have participated in those proceedings. Unfortunately, the trial had not concluded within that time. Keeping that factum in mind, the applicant is entitled to some indulgence.
5. 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 heavy 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 16.12.2019 Abhilash