Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20274 of 2018 Applicant :- Manoj Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed by learned counsel for the appellant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that initially accused appellant was on bail. Due to absence, non-bailable warrant was issued on 16.12.2014 and he surrendered before the court on 8.4.2018 and till then he is languishing in jail.
Learned counsel for the applicant also submitted that applicant is languishing in jail since 8.4.2018 (more than three and half months); having no criminal history; he is a poor person and for employment he went one place to another place; he was unable to attend the court on the date fixed and one more opportunity may be given to the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Manoj involved in Case Crime No. 1063 of 2008 (Special S.T. No. 46 of 2009), under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Baraut, District Baghpat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2018 OP