Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32062 of 2018 Applicant :- Neeraj Kahar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant was earlier enlarged on bail on 20.4.2011 and was released from jail on 18.7.2011, thereafter, the applicant attended the trial and went to Delhi in search of livelihood and could not appear before the trial court and therefore, non bailable warrant was issued against him on 26.10.2013. He has only surrendered before the court below on 26.9.2016 and is in jail since then. No witness has been examined in trial before the court below. Another co-accused Sudesh Kumar Yadav, who had earlier absconded, had already been enlarged on bail by this Court vide order dated 27.7.2018 in Criminal Misc. Bail Application No.19041 of 2018 and the applicant is also entitled to bail on the ground of parity.
On the other hand learned AGA has opposed the prayer for bail.
In view of the fact that the applicant was earlier granted bail, the applicant Neeraj Kahar involved in S.S.T. No.201/2011, Case Crime No.258 of 2010, under Sections 395, 397, 412, I.P.C, Police Station Saurikh, District Kannauj is directed to be released on bail on his furnishing twice the amount of personal bond and twice the amount of sureties earlier taken by the court below from the applicant subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 23.8.2018 T. Sinha