Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24647 of 2021 Applicant :- Neeraj Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and gone through the record.
This bail application has been moved on behalf of accused-applicant- Neeraj, who is involved in Case Crime No. 270 of 2011 under Sections 392, 411 and 120-B I.P.C., Police Station-Khurja Dehat, District- Bulandshahar.
Learned counsel for the applicant submits that the applicant was bail out but he could not appear before the trial court on 04.11.2015. During trial he had appeared on each and every date and only on one date i.e. 04.11.2015 due to unavoidable circumstances he could not appear before the trial court. It is submitted that the act on the part of the applicant is not wilful, intentional or deliberate. He undertakes to fully cooperate in the trial in future and assures that he would appear on each and every date fixed before the trial court. He has further submitted that the applicant who is in jail since 06.03.2021, deserves to be released on bail.
Learned A.G.A. appearing for the State has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
4. That the applicant shall appear before the trial court concerned on each and every date till conclusion of trial, otherwise his bail shall stand cancelled automatically.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 27.7.2021 MN/-