Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41933 of 2018 Applicant :- Sanjay Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava 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 Sanjay seeking bail in Case Crime No. 1114 of 2012, under Sections 323, 324, 325, 308, 504 I.P.C., P.S.
Shahabad, District Rampur.
Learned counsel for the applicant has submitted that the applicant was released on bail by this Court on 13.06.2014 and thereafter he continued to appear before the Court till 11.01.2018 but thereafter he did not appear before the Court as such, non-bailable warrant has been issued against the applicant pursuant to which he is in jail since 11.08.2018. Learned counsel for the applicant prays that one more opportunity be granted to the applicant and he undertakes to appear regularly before the trial Court.
He has further submitted that the applicant is in jail since 11.08.2018 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 the aforesaid facts as argued by learned counsel for the applicant and that the applicant is in jail since 11.08.2018.
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 Sanjay 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 each and every date 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 :- 31.10.2018 Arun Gangwar