Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23400 of 2019 Applicant :- Meeru @ Meer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Meeru @ Meer Singh, who is involved in Case Crime No. 2675 of 2013, under Sections 395, 397, 412 I.P.C., P.S. Loni, District Ghaziabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that accused-applicant was enlarged on bail in this very case crime number by this Court vide order dated 10.06.2014, but owing to being detained in some other case of Haryana, he could not appear in above court of trial of Session Trial No. 877 of 2014, resulting issuance of non-bailable warrant against him and he is in jail since 18.01.2018. Presently, he is enlarged on bail in all other cases except present one and this absence was inadvertent. He will not flee from course of justice and will cooperate in trial. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail on the ground of criminal history.
Having heard learned counsel for both sides and gone through material placed on record, it is apparent that accused-applicant was granted bail, but owing to his absence non-bailable warrant was issued against him and he is in jail since 18.01.2018. Reason for absence has been duly explained.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Meeru @ Meer Singh, involved in above mentioned case crime number be released on bail on furnishing fresh personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 NS