Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7277 of 2019 Applicant :- Mukhiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant who is involved in case crime no. 97 of 2011, under Sections 328, 363, 366, 376, 120-B I.P.C., P.S. Kagaraul, District-Agra, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that initially the applicant was granted bail by order dated 23.11.2011 of this Court, thereafter applicant was released on bail and was attending every dates before the trial Court up to July, 2017. Thereafter, on 25.08.2017 Non-bailable warrant has been issued against the applicant on his non-appearance before the trial Court. The said order of Non-bailable warrant dated 25.08.2017 was challenged before this Court in Criminal Miscellaneous Application under Section 482 No. 46649 of 2018, which was disposed of by order dated 20.12.2018 granting protection for three weeks with a direction to the applicant to surrender within the said period. Thereafter, the applicant surrendered before the trial Court on 08.01.2019. The applicant was granted interim bail during pendency of his bail application but finally his bail application has been rejected by the order dated 23.01.2019 of the trial Court, mainly on the ground that applicant has misused the liberty of bail and in case of granting bail he can further abscond and delay the proceedings of the trial. On behalf of applicant, it is submitted that the order sheets of the trial court appended as Annexure No. SA2 with supplementary affidavit. By referring several orders of the trial Court dated 26.08.2014, 03.05.2016 and 21.07.2016, it is submitted that in fact prosecution itself is delaying the trial, as despite various orders of the trial Court as well as having knowledge of the trial, the victim is not appearing before the trial Court, therefore, presumption drawn by the trial Court that in case of granting bail to the applicant, the trial will be delayed is against the evidence on record. It is further submitted that applicant is languishing in jail since 23.01.2019. Lastly it is contended that on granting bail applicant will not misuse the liberty of bail and will attend the trial court on each and every dates. In view of the above, applicant is entitled to be released on bail.
Per contra learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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 fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mukhiya be released on bail in the aforesaid case crime number on furnishing a personal bond and 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 21.2.2019/AKT