Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20341 of 2018 Applicant :- Omkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Narain,Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that initially the applicant was on bail. Due to absence, non-bailable warrant was issued on 28.05.2016. He surrendered before the court below on 15.12.2016 till then he is languishing in jail (more than one and half years). The court was vacant and learned counsel had no brief to appear in the court, hence non-bailable warrant was issued. One more opportunity may be given. The applicant has been falsely implicated in the present case.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Omkar involved in Case Crime No. 208 of 1990 (Special Session Trial No. 09 of 1991), under Sections 394, 307 and 302 IPC, Police Station Bhogaon, District Mainpuri be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 OP