Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2195 of 2019 Applicant :- Ram Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- S.M.Ayaz Ali Counsel for Opposite Party :- G.A.,Sunil Kumar Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant,Sri Sunil Kumar Yadav, learned counsel for the informant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ram Kumar seeking bail in Case Crime No. 112 of 2018, under Sections 498A,307 IPC, Police Station Nagla Sindhi, District Firozabad.
Learned counsel for the applicant submitted that the applicant is the husband of victim and it is alleged that marriage took place about 14 years back.The applicant along with his brother tried to strangulate her as a result of which, victim received injury on her neck, as per injury report, injuries are simple in nature. Learned counsel for the applicant has also submitted that the applicant has no criminal history to his credit and he is in jail since 26.11.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA as well as Sri Sunil Kumar Yadav, learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 26.11.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ram Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties (one surety should be of a family member of the applicant) of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
iii)The applicant shall not pressurize the prosecution witnesses.
(iv)The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six month from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 27.2.2019 aks