Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40927 of 2019 Applicant :- Komal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
It is a case of jumping bail. It appears from the record that the applicant, who was granted bail by the trial Court, did not appear before the court concerned on the date fixed and hence non-bailable warrant was issued against him.
Submission of the learned counsel for the applicant is that applicant due to his illness could not appear before the Court below. He surrendered on 19.8.2019 and since then he is in jail. He further submitted that the applicant has not deliberately and intentionally avoided the proceedings before the trial court. Learned counsel for the applicant also submitted that the applicant is ready to furnish an under taking that, in case, he is released on bail, he will not repeat the such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Komal involved in Case Crime No. 31 of 1992, under Sections 457, 380, 411 IPC, P.S. Syana, District Bulandshahr 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 along with an undertaking that he will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings. In case of default on the part of the applicant in complying the conditions of such undertaking, the trial court shall be at liberty to proceed in accordance with law.
Learned trial Court is directed to conclude the trial within a possible shorter span of time without granting any unwarranted adjournment to either of the parties unless required in very compelling circumstances.
Order Date :- 30.9.2019 RavindraKSingh