Heard Sri Indra Raj, learned counsel for the applicant and Sri Zafeer Ahmad, leaned AGA appearing for the State.
This is the second bail application. The first bail application was rejected by Coordinate Bench of this Court on 1.9.2017. While rejecting the bail application the Court had directed the trial court to expedite and conclude the trial within six months, but the sane has not yet been concluded. The applicant has misused the liberty of bail and turned absconder, the reason for which has been properly explained in paragraphs 10 & 17 of the affidavit filed in support of the bail application. It is further contended that other co-accused persons have already been released on bail in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.7.2017. Thee applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Pappu @ Ajendra Pratap Singh involved in Case Crime No 223 of 2006 (S.T.No.1376 of 2008) , under Sections 147, 323, 149, 324, 504, 506 I.P.C., Police Station Etmaddaula, District Agra be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with 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 tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 27.4.2018 IA