Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that after the grant of bail the aplicant due to some unavoidable circumstances could not appear before the court om the date fixed, consequently non bailable warrant was issued against the aplicant and his bail was cancelled. Learned counsel for the applicant submits that the applicant undertakes that after release on bail he shall regularly attend the court on each and every date. The applicant is in Jail since 25-8-2009 and he has no other criminal history. It has not been disputed by learned AGA.
Keeping in view the nature of the offence, evidence, complicity of the accused ,severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail Let the applicant Shyam Kishore involved in Case crime no.21 of 2004 under section 147, 148, 149, 307 IPC and 7 Crl. Law Amendment Act, Police Station Roza district Shahjahanpur be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the following conditions: ` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 22.1.2010 IA