Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56329 of 2019 Applicant :- Ramdas Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicant Sri Apul Misra and learned A.G.A. are present. Heard on bail application.
This bail application has been given by accused- Ramdas, under Sections 147, 148, 149, 302, 307 I.P.C., in Case Crime No. 689 of 2009, Police Station- Jarifnagar, District Budaun, S.S.T. No. 1047 of 2010.
The submissions of the learned counsel is that initially by the order of this Court the accused applicant- Ramdas was released on bail because of the death of his mother of the applicant for a period of three months. The applicant could not appear before the learned trial court and thereafter on the basis of non-bailable warrant he was arrested on 12.10.2019. He moved a bail application before the learned trial court stating the fact of the death of his mother but the learned trial court rejected the bail application and he is in jail since 12.10.2019.
The submissions of the learned counsel is that in a similar grounds the bail application of his brother co-accused Rampal, Kalyan and his uncle Bhagwan Singh has been allowed by this Court in Bail Application No. 50544 of 2019 vide order dated 28.11.2019.
Although, in cases where an accused already released on bail and itself absence and avoid the proceedings, the parity placed no role, yet in the situation as narrated by the learned counsel that the absence of the accused applicant was merely for the reason that his mother fell ill and died, subsequently, the period of such absence is approximately three months.
In view of the above, I am of the view that the prayer of the bail of the applicant should have been considered sympathetically by the learned trial court and certain conditions might have been imposed to bind the applicant so that he may not abstained himself from the process of the court and may not hamper the trial.
In view of the above fact, I find it to be a fit case for bail. Let the accused applicant Ramdas be released on bail on furnishing a personal bond and two sureties of equal amount to the satisfaction of the learned trial court and after taking such undertakings from the accused applicant which may be necessary for expediting trial of the case.
Order Date :- 18.12.2019 Israr