Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20051 of 2016 Applicant :- Raj Kumar Alias Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Alkesh Singh,Munendra Nath Chaubey,Noor Muhammad Counsel for Opposite Party :- G.A.,Sanjay Kumar Jain Hon'ble Sudhir Agarwal,J.
1. Heard Sri Raghuraj Singh, Advocate holding brief of Sri Munendra Nath, learned counsel for applicant, Sri Sudhanshu Kumar Singh, Advocate holding brief of Sri Sanjay Kumar Jain, learned counsel for complainant and Sri Ratan Singh, learned A.G.A. for State.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.101 of 2016, under Sections 147, 304 B I.P.C., Police Station-Tundla, District-Firozabad.
3. Learned counsel for applicant submitted that applicant is innocent and he has been falsely implicated. The prosecution story is totally false and concocted one. There is no specific allegation against the applicant. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 19.12.2012 and trial is still going on. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Raj Kumar alias Raju, involved in Case Crime No.101 of 2016, under Sections 147, 304 B I.P.C., Police Station-Tundla, District-Firozabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
9. It is made clear that since this application was filed in 2016 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there in any other happening on account whereof this application has rendered infructuous, it is made clear that in such case, this order shall not have legal consequence and this application shall be deemed to have been rejected.
Order Date :- 29.1.2019
Manish Himwan