Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41926 of 2018 Applicant :- Khet Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Khet Pal seeking bail in SST No. 2076 of 2017 of Case Crime No. 196 of 2017, under Sections 363, 366 I.P.C and Section 7/8 POCSO Act, P.S. Jamunapur, District Mathura.
Learned counsel for the applicant has submitted that the applicant was released on bail vide order dated 27.07.2017 and he continued to appear before the trial Court till 31.05.2018 and thereafter he absented himself from the trial till 05.09.2018 as such, non-bailable warrant was issued against him pursuant to which he has been arrested by the police and sent to jail. Learned counsel for the applicant has submitted that on account of suffering from jaundice the applicant could not appear before the trial Court and now he prays that one more opportunity be given to the applicant to face the trial.
Learned counsel for the applicant has further submitted that the applicant is in jail since 24.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and undertakes to cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant is in jail since 24.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Khet Pal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.10.2018 Arun Gangwar