Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56936 of 2019 Applicant :- Ram Pratap Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Arun Kumar Tripathi, learned counsel for the applicant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ram Pratap with a prayer to release him on bail in Case Crime No. - 4 of 1998, under Section - 364 I.P.C., Police Station - Amritpur, District - Farrukhabad, during pendency of trial.
3. At the outset, it has been submitted that the trial is pending since 2000. Earlier, the applicant had been enlarged on bail by the learned Sessions Judge. He had been participating in the trial proceedings. On one date, namely, 02.04.2018, the applicant could not appear whereupon non-bailable warrant has been issued and he was arrested.
4. Learned counsel for the applicant would submit that the applicant had participated in the trial over a long period of time, yet, it was not concluded and therefore, the order cancelling his bail application is unduly harsh. Also, reference has been made to the fact that the applicant has already been enlarged on bail in another case that was instituted with respect to destruction/theft of ordersheet.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 19.12.2019 Abhilash