Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11117 of 2018 Applicant :- Kaptan Singh Baheliya Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Pratap Singh Chauhan,Raj Bahadur Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Initially the accused was on bail and due to his absence, N.B.W. was issued on 3.3.2015 and he was surrendered before the court on 27.9.2017 till then he is languishing in jail (near about eleven months) criminal history of four cases has been properly explained.
Learned counsel for the applicant submitted that applicant was seriously ill due to which he could not appear before the Court; he is a poor person; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.
Learned AGA opposed the prayer for bail and admitted that criminal history has been explained.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.
Let applicant Kaptan Singh Baheliya involved in Case Crime No. 528 of 2011, under Section 21/22 NDPS Act, Police Station Merapur, District - Farrukhabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 A. Singh