Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28105 of 2018 Applicant :- Sonu Alias Kasim Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishnakant 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.
Initially the accused was on bail and due to his absence, N.B.W. was issued on 30.9.2015 and he was arrested by the police on 28.3.2018 till then he is languishing in jail (more than four months) having no criminal history.
Learned counsel for the applicant submitted that applicant is labourer and after bail the applicant went to Delhi for livelihood due to which he could not appear before the Trial Court and his counsel did not inform him. 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.
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 applicant Sonu alias Kasim involved in Session Trial No. 202 of 2011 as well as Case Crime No. 241 of 2009, under Section 8/15 NDPS Act, Police Station Dhaulana, District Ghaziabad 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 :- 27.7.2018 Puspendra