Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55206 of 2019 Applicant :- Narendra Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 236 of 2015, under Sections 302 and 201 I.P.C., P.S. Sikandra, district-Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was granted bail in the aforesaid case on 15.6.2015 by the trial court and thereafter he regularly attended the Court till 12.3.2018. He next submitted that on account of his failure to appear before the trial court on few dates due to illness, the learned trial Judge after cancelling bail bonds issued non- bailable warrant against the applicant, whereupon he surrendered before the trial court on 26.6.2019 and since then he is in jail.
Learned counsel for the applicant further submitted that non appearance of the applicant before the trial court on few dates was not deliberate but due to the reason stated herein above. He next submitted that the applicant shall attend the court each and every date in future and co-operate in the expeditious disposal of the trial. He lastly submitted that the applicant, who has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Narendra be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to 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 misuse the liberty of bail.
3. He will not indulge in any illegal activities during the bail period.
4. During trial he will report to the concerned police station on every Monday and he will not leave the district without taking permission from the trial court.
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 :- 16.12.2019 Faridul