Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8510 of 2019 Applicant :- Sharfaraz Opposite Party :- State Of U.P.
Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The bail application of the applicant was rejected by the trial court on the ground showing that the accused was absconding and charge had not been framed.
Learned counsel for the applicant submitted that charge has already been framed against the accused on 1.1.2019.
Learned counsel for the applicant further submitted that initially the accused was on bail and due to his absence, N.B.W. was issued on 18.9.2013 and he was surrendered before the court on 4.12.2018 till then he is languishing in jail (more than three and half months) having no criminal history.
Learned counsel for the applicant submitted that applicant is a very poor person and for employment he had gone to Mumbai for livelihood due to which he could not appear before the Court; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.
Learned AGA opposed the prayer for bail and admitted that the applicant has no criminal history.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.
Let the applicant Sharfaraz involved in S.T. No. 282 of 2013 (State Vs. Imran @ Nati and 3 others) arising out of Case Crime No. 260 of 2009, under Sections 302/120-B IPC, Police Station Babupurwa, District - Kanpur Dehat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2019 OP