Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28221 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Sharan Tomar,Krishna Gopal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant has already been granted bail by this Court vide order dated 01.09.2007 passed in Criminal Misc. Bail Application No. 15596 of 2007. He next submitted that in order to earn his livelihood the applicant had gone to Moradabad as a result thereof he could not appear before the trial court on 16.9.2013 and the trial court vide order dated 16.9.2013 issued non- bailable warrant against the applicant, thereafter he surrendered before the Court below on 18.9.2017 and since then he is in jail. He next submitted that the applicant is ready to appear on each and every date before the court below for expeditious disposal of the case.
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 tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Rahul involved in Case Crime No. 13 of 2007, under Section 307 I.P.C., P.S. Siroli, district-Bareilly 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2018 Faridul