Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32778 of 2019 Applicant :- Nasir Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for the applicant has filed a copy of bail order passed in Criminal Misc. Bail Application No. 32722 of 2019 (Nasir vs. State of U.P.) is taken on record.
The instant bail application has been filed for bail of applicant- Nasir involved in Case Crime No. 02 of 2012, under Section 18/20 of N.D.P.S. Act, Police Station Kotwali, District Sambhal.
Heard learned counsel for the applicant, learned A.G.A. for the State and peruse the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He was on bail during trial but due to suffering from Hepatitis fever, he could not attend the Court on the date fixed, as he was being treated as O.P.D. patient from 24.7.2018 to 13.10.2018. Learned counsel has further submitted that the applicant has neither violated any terms and conditions of bail bonds executed by him nor has misused the liberty granted by the Court. He has further submitted that the applicant is again ready to deposit the sureties furnished by this Court. He is law abiding person and languishing in jail since 6.3.2019. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail submitting that the applicant has misused the liberty granted by the court during trial and failed to attend the court proceedings on date fixed i.e. 7.3.2018. Learned A.G.A. has further submitted that if the applicant is released on bail, he will again misuse the liberty granted by the Court, hence, he is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused, period of incarceration and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Nasir involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 22.8.2019 Saurabh