Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18354 of 2018 Applicant :- Raj Kumar @ Kali Opposite Party :- State Of U.P.
Counsel for Applicant :- Dushyant Singh,Mahesh Chand Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
This is bail jumping application. In this case, the proceeding was under way and during course of trial, the applicant absented himself from the proceeding of the court. Consequently, non-bailable warrant was issued against him and he was sent to jail on 3.4.2018. It has been submitted that he went out of station for livelihood, therefore, he could not appear before the lower court on the date fixed. However, he had no intention to deliberately avoid the proceeding of the case. He is poor man and he promises that in case one last opportunity is given to him, he will appear before the lower court and cooperate in the proceeding and will not absent himself so as to occasion delay in disposal of the case.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
In view of the submissions and the undertaking given by the applicant that he will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings, this bail application is allowed.
Let the applicant Raj Kumar @ Kali involved in Case Crime No.74 of 1994, under Sections 380, 411, 457 I.P.C., Police Station Jarcha, District Gautam Budh Nagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 31.5.2018 Rmk.