Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18104 of 2018 Applicant :- Smt Mamta Opposite Party :- State Of U.P.
Counsel for Applicant :- Himanshu Kumar,Rakesh Pati Tiwari,Sushil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This is second bail application.
Second Supplementary affidavit filed on behalf of counsel for the applicant is taken on record.
Heard Sri Zafar M. Nayar, learned Senior Counsel assisted by Sri Himanshu Kumar and R.P. Tiwari, Advocate on behalf of applicant and learned A.G.A. for the State and perused the record.
The first bail application of the applicant was rejected on 04.07.2017. It has been submitted that in the present case stone pelting has been alleged against six accuseds. No specific role has been assigned to the applicant. One minor child aged about one year has died on account of stone pelting. The applicant is in jail since 20.06.2014. It has been submitted that there are about 20 prosecution witnesses to be examined and four of them have only been examined till date. This court while rejecting the first bail application of the applicant directed the trial court to conclude the trial within a period of 8 months. It has been submitted that the trial is not likely to be concluded in near future. The applicant is aged about 60 years now.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Smt Mamta, be released on bail in Case Crime No. 325 of 2014, Sessions Trial No. 174 of 2014, under Sections- 147, 148, 149, 336, 307, 302 I.P.C., Police Station- Auraiya, District- Auraiya, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 21.8.2019 Rohit