Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45319 of 2018 Applicant :- Shiv Singh Lodhi Opposite Party :- State Of U.P. Counsel for Applicant :- B.N.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 Shiv Singh Lodhi seeking bail in Case Crime No. 35 of 2003 (GST No. 274/03), under Sections 307, 504, 506 I.P.C. & 3(2)(5) SC/ST Act & 3(1) Gangster Act, Police Station Ata, District Jalaun.
Learned counsel for the applicant has submitted that the in the present case applicant was released on bail and he continued to appear before the court till 29.09.2003 when cognizance was taken and thereafter he was made an accused in another case and was sent to jail as such he was summoned from jail to face the trial. In 2012 the applicant left for Karnataka to earn his livelihood and in the meantime the case was transferred from Jhansi to Jalaun as such the applicant could not know about the date fixed in the trial court and could not appear before the court as such N.B.W. was issued against him. Pursuant to the said N.B.W. the applicant surrendered before the trial court on 29.05.2018 and since then he is in jail.
Learned counsel for the applicant has next submitted that the applicant had gone out to earn his livelihood as such he could not appear before the trial court and one more opportunity may be given to him and he undertakes to regularly appear before the trial court to face the trial.
Learned counsel for the applicant has further submitted that the applicant is in jail since 29.05.2018 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.
Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail and submitted that looking the facts and circumstances of the case, let the applicant may be released on bail subject to the condition that he will appear on each and every date fixed by the trial court unless exempted.
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 Shiv Singh Lodhi 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 :- 28.11.2018 Ashok Gupta