Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38945 of 2019 Applicant :- Sonu @ Rahul Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 736 of 2009, under Sections 394 and 411 I.P.C., P.S. Kotwali Orai, district-Jalaun, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was granted bail in the aforesaid case by the Court below in the year 2009 and thereafter he regularly attended the Court for eight years but on account of his failure to appear before the trial court on few dates due to sudden illness of his daughter, the learned trial Judge cancelled his bail bonds and issued non-bailable warrant against the applicant. He next submitted that the applicant is ready to appear on each and every date before the court below for expeditious disposal of the case. He lastly submitted that the applicant, who has no reported criminal antecedent to his credit and is in jail since 6.8.2019 is entitled to be enlarged on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sonu @ Rahul Tiwari involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.9.2019 Faridul