Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26882 of 2018 Applicant :- Raju @ Shyamveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Raj Kumar Sharma, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Raju @ Shyamveer in Case Crime No.238 of 2016 under Sections 396 and 412 I.P.C. Police Station Bashrehar, District-Etawah with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant was granted bail by this Court on 4.8.2017 and he was continuously attending the trial court till 29.11.2017. However, on account of jaundice and other ailments he could not appear before the court and non-bailable warrants were issued on 29.11.2017. In the meantime, the trial court cancelled the bail of the applicant and surety bonds. The applicant surrendered before the court below on 3.5.2018. It is submitted that after his release on bail and during abscondence the applicant did not indulge in any criminal activity. It is argued that the applicant undertakes to appear on each and every date in the trial court and in case there is any default on his part, the trial court would be at liberty to cancel his bail. In fact, there is no willful and deliberate default on his behalf. Therefore, the applicant may be enlarged on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant has been involved in three criminal cases, therefore, he is not entitled to be released on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Raju @ Shyamveer be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicant shall report to the trial court concerned on each and every date till conclusion of trial to show his good conduct or behavior and cooperate in the trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
However, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 31.10.2018 MN/-