Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34231 of 2019 Applicant :- Rammoorti Alias Ram Ji Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 644 of 2017, under Sections 401, 411 and 413 I.P.C., P.S. Kotwali Farrukhabad, district-Farrukhabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was granted bail in the aforesaid case on 10.11.2017 and thereafter he regularly attend the Court. He next submitted that in order to earn his livelihood the applicant was compelled to travel to different places and as a result thereof he could not appear before the trial court on few dates and his bail was cancelled whereupon he surrendered before the trial court on 7.6.2019 and since then he is in jail.
Learned counsel for the applicant further submitted that non appearance of the applicant before the trial court on few dates was not deliberate but due to the reason stated herein above. He next submitted that the applicant shall attend the court each and every date in future and co-operate in the expeditious disposal of the trial. He also submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. He lastly submitted that he has properly explained the criminal history in paragraph 22 of the affidavit accompanying the bail application.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Rammoorti Alias Ram Ji 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 in Case Crime No. 644 of 2017, under Sections 401, 411 and 413 I.P.C., P.S. Kotwali Farrukhabad, district- Farrukhabad subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.8.2019 Faridul