Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39857 of 2018 Applicant :- Raeesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant was on bail and could not appear on the date fixed i.e. on 20.1.2017 on account of his illness on 19.1.2017 and for his absence non-bailable warrants and process under Sections 82 & 83 Cr.P.C. were issued against him; that the applicant was arrested after a period of one year on 19.1.2018 and the learned trial court has acted wrongly in rejecting his bail application; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 19.1.2018.
Learned A.G.A. vehemently opposed the prayer of bail and submits that the applicant has deliberately absconded and on 19.1.2017 when his exemption application was allowed and 20.1.2017 was fixed the applicant deliberately disappeared and despite issuance of warrants and process under Sections 82 & 83 Cr.P.C. and even after attachment of his property he did not turn up and could be arrested only on 19.1.2018; that the applicant has made disappearance to delay and defraud the trial and learned trial court has rightly rejected the bail application; that if released on bail the applicant will abscond.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, the fact that the applicant was on bail during trial and the case is pending for defence evidence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Raeesh be released on bail in S.T. No.709 of 2007 (State Vs. Shahjad & others), Case Crime No.54 of 2007, under Sections 147, 148, 149, 302, 504, 506 I.P.C., P.S.
Chandausa, District Aligarh, on furnishing a personal bond and three sureties out of which two heavy sureties for not less than Rs.5 Lakhs each and one surety of his family member of the amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.11.2018 Kpy