1. Heard Mrs. Suniti Sachan, learned counsel for the applicant and learned A.G.A. for the respondent-State and perused the material brought on record.
2. This is an application under Section 439 CrPC in FIR/Case Crime No.158 of 2017, under Sections 394, 397, 411 of I.P.C. Police Station Asoha, District Unnao.
3. Submission of the learned counsel for the applicant is that earlier bail was granted to the applicant by this Court on 02.01.2019 in Bail Application No.10865 of 2017. On 08.08.2019, the date was fixed for appearance before the trial court, on which date the applicant met with an accident and could not appear before the trial court. Consequently, non bailable warrant was issued against the applicant and he was arrested on 11.01.2021 and since then he is languishing in jail. The next submission of learned counsel for the applicant is that in case bail is granted to the applicant, he will not commit such mistake in future and he will appear on the date fixed as and when the court will issue direction to appear.
4. On the other hand, learned A.G.A. has opposed the prayer for bail, however, he could not dispute the submissions advanced by learned counsel for the applicant.
5. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.
6. Considering the submissions advanced by learned counsel for the parties, material available on record as well as totality of facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
7. Let the applicant (Pinku alias Mustakim) be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
(i) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case; (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
8. Any violation of above conditions will be treated misuse of bail and learned court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
9. It is, however, made clear that the observation made above shall not affect the trial of the case.
Order Date :- 18.8.2021 ML/-