Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48940 of 2018 Applicant :- Mobin Opposite Party :- State Of U.P.
Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Mobin seeking bail in Case Crime No. 370 of 2014, under Section 307, 504, 506 IPC, P.S. Swar, District- Rampur.
Learned counsel for the applicant has submitted that the applicant was granted bail in the year 2014 and he had been appearing before the trial court till 9.9.2016 and thereafter he could not appear and as such non bailable warrant was issued against him. Learned counsel for the applicant has next submitted that the applicant in order to earn his livelihood had gone out and as such could not appear before the trial court and one more opportunity may be given to him and he undertakes to cooperate in the trial by all means. Lastly, it is submitted that the applicant is in jail since 24.10.2018.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 24.10.2018.
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 applicant has made out a case for bail.
Let the applicant Mobin be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the applicant, subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 19.12.2018 KU