Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44389 of 2021 Applicant :- Lala Opposite Party :- State of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Lala seeking enlargement on bail during trial in connection with Case Crime No. 488 of 2004, under Sections 307 and 504 I.P.C. registered at P.S.- Kotwali Hathras, District- Hathras.
Submission of learned counsel for the applicant-Lala is that applicant is languishing in jail since 20.09.2021. The applicant was granted bail vide order dated 20.12.2004, copy of bail order is at page 22 of the paper book. He further submitted that applicant was absconding from judicial proceedings as he was mentally ill and his treatment was going on due to this he could not inform the counsel. The applicant undertakes to appear on each and every date fixed by the trial court.
Per contra, learned A.G.A. opposed the prayer for bail.
Considering the rival submissions of learned counsel for the parties, keeping in view the undertaking of the applicant that he undertakes to appear on each and every date fixed by the trial court and the fact that he was under treatment during the period of absence, without commenting upon merits of the case, a case for fresh bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Lala involved in the aforesaid case crime, be released on bail on the terms and conditions of the order dated 20.12.2004.
Order Date :- 24.12.2021/SA