Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45401 of 2018 Applicant :- Salauddin Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Salauddin seeking bail in Case Crime No. 399 of 2011 (S.T. No. 62/11), under Sections 147, 148, 149, 307 IPC and 12/14 DAA Act, Police Station Madhogarh, District Jalaun.
Learned counsel for the applicant has submitted that the applicant was granted bail in the year 2013 and thereafter he has been regularly appearing before the trial court. On 24.05.2013, the applicant was arrested in another case registered in District Bhind in which, he was sent to jail as such he could not appear before the trial court in the present case. The applicant was released in June, 2017 and he had no knowledge of the next date fixed of the present case as such he could not appear before the trial court and N.B.W. was issued against him on 09.08.2017. Pursuant to which on 09.07.2018, the applicant surrendered before the court and since then he is in jail.
Learned counsel for the applicant has next submitted that applicant may be given one more opportunity and he undertakes that he will not absent from the trial proceedings.
Learned counsel for the applicant has next submitted that the applicant is in jail since 09.07.2018 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.
Per contra, learned AGA has opposed the prayer for bail but could not dispute aforesaid fact that the applicant is in jail since 09.07.2018.
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 Salauddin 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 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.
Order Date :- 29.11.2018 Ashok Gupta