Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52604 of 2019 Applicant :- Prem Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajiv Kumar Tripathi, learned counsel for the applicant as well as Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Prem Kumar with a prayer to release him on bail in Case Crime No. - 433 of 2003, under Sections - 147, 148, 149, 307 IPC & Section 12/14 U.P.D.A. Act, Police Station - Kotwali Orai, District - Jalaun, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, punishable with imprisonment of ten years;
(ii) against FIR lodged on 14.5.2003, the applicant is in confinement since 03.10.2019;
4. Learned counsel for the applicant would submit, while applicant had been charged in the year 2003 and was also enlarged on bail by this Court in Bail Application No. 13749 of 2003, vide order dated 10.9.2003, he jumped bail and hence his trial was separated. He has now been arrested on 3.10.2019 and his bail application was rejected by court of session. Further, it has been submitted, the applicant could not participate in the trial due to family circumstances and his personal health reasons and not on account of any deliberate conduct to avoid court proceedings.
5. Learned AGA has opposed the bail application and submit that if the applicant will be enlarged on bail, it is likely that he will again abscond from the trial proceedings. It is undisputed that during his long absence for almost 13 years, no fresh criminal case came to be registered against the applicant and as such prima facie credence may be given to the contention raised by learned counsel for the applicant.
6. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant further undertakes not to seek any adjournment and cooperate in trial, atleast till all witness of fact are examined.
7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Prakhar