Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7638 of 2018 Applicant :- Kuldeep Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary-affidavit has been filed today and the same is taken on record. Copy of the same has been provided to the learned A.G.A.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 42 of 2009 under Section 302/34 I.P.C. and 27 Arms Act, P.S. Vaidpura, District Etawah.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; accused applicant was granted bail in this case vide order dated 26.02.2009, thereafter, he was facing trial but he could not appear after 9.9.2014 because he had gone in connection with livelihood in Gujarat and could not come to know the date fixed for hearing in the said case; he was arrested on 21.04.2016 by police and since thereafter he is continuously languishing in jail; criminal history of the accused has been mentioned in the supplementary affidavit which has been explained in which he has either been acquitted or bailed out; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has not controverted these facts although he opposed the bail.
Looking to the fact that the accused was initially granted bail but could not appear due to having gone out in connection with his livelihood and he is on bail in all the criminal cases or has been acquitted in them, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Kuldeep Yadav involved in 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.3.2018 A. Mandhani