Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31868 of 2018 Applicant :- Mohammad Zaki Opposite Party :- State Of U.P. Counsel for Applicant :- Sushant Misra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sushant Misra, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant has already been granted bail by the court below vide order dated 6.3.2009 (Annexure-4) but on account of his failure to appear before the trial court on several dates due to ailment of his mother, the learned trial Judge cancelled his bail bonds and issued non-bailable warrant against the applicant. He next submitted that the applicant is ready to appear on each and every date before the court below for expeditious disposal of the case. He lastly submitted that the applicant, who has no reported criminal antecedent to his credit and is in jail since 8.7.2018 is entitled to be enlarged on bail during the pendency of the trial.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Mohammad Zaki involved in Case Crime No. 37 of 2009, under Sections 308, 323, 325, 504 and 506 I.P.C., P.S. Kotwali Farrukhabad, district-Farrukhabad be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 21.8.2018 Faridul