Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 154 of 2019 Applicant :- Lochan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Lochan and Charan Singh seeking bail in Case Crime No. 469 of 2011, under Sections 307, 147, 148, 149, 504 IPC and 7 Criminal Law Amendment Act P.S. Rajpura, District Sambhal.
Learned counsel for the applicant has submitted that the applicant no.1 Lochan was granted bail vide order dated 1.7.2011 and applicant no. 2, Charan Singh was granted bail vide order dated 23.7.2011, thereafter applicant no. 1, Lochan continued to appear before trial court till 27.4.2015 and applicant no. 2 Charan Singh till 21.7.2015, however, thereafter they did not appear before the trial court and a such N.B.W. was issued against them. Pursuant to the said N.B.W. both the accused persons appeared before the court on 20.8.2018 and since then they are in jail. Learned counsel for the applicant has next submitted that the applicants in order to earn their livelihood had gone to Delhi and as such they could not appear before the court and face trial. Learned counsel for the applicants has next submitted that the applicants undertake to appear before the court on each and every date fixed by trial court and will cooperate in trial by all means and pray that one more opportunity be given to them to face the trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 applicants have made out a case for bail.
Let the applicants, Lochan and Charan Singh 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 30.1.2019 R