Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36413 of 2018 Applicant :- Kunwar Sen Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Kunwar Sen with a prayer to release him on bail in Case Crime No. 406 of 1981, under Sections 420 IPC, Police Station Kotwali, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant was initially enlarged on bail by the court below on 04.10.1988. Thereafter, the applicant attended the trial and absconded from the proceeding from 06.12.1996. The applicant has been arrested and he is in jail since 27.7.2018.
Further argument is that the applicant went to Bombay for earning his livelihood. The applicant could not appear before the trial court for attending the dates in trial. Therefore, bail granted earlier to the applicant is cancelled. It has been submitted that co-accused, who has also absconded from the proceeding, has been enlarged on bail by the court below. Bail order of co- accused has been annexed as Annexure No. 3 to the bail application.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Kunwar Sen involved in the 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.
4. In case, the applicant fails to appear even on one date in trial, bail granted to him shall stand cancelled and he shall be taken into custody forthwith.
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.
The concerned court below is directed to conclude the trial against the applicant, expeditiously, preferably within a period of six months from the date of production of the certified copy of this order.
Order Date :- 25.9.2018 Ruchi Agrahari