Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43902 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Upadhyay 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 Sonu seeking bail in Case Crime No. 322 of 2015, under Sections 272 IPC & 60 Exice Act, Police Station Chandausi, District Sambhal.
Learned counsel for the applicant has submitted that the applicant was released on bail on 06.01.2017 and thereafter he continued to attend the trial till 07.02.2018. The case was then transferred to the new District Chandausi and the next date 21.04.2018 was fixed but the applicant did not appear before the trial court and as such N.B.W. was issued against him on 21.04.2018 and consequently he has surrendered before the trial court on 20.08.2018 and since then he is in jail. Learned counsel for the applicant next submitted that on account of acute illness he could not appear before the trial court and undertakes that in future he will attend the trial proceedings regularly and one more opportunity may be given to him.
Learned counsel for the applicant has further submitted that the applicant is in jail since 20.08.2018 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.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid fact and that the applicant is in jail since 20.08.2018.
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 Sonu 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 :- 27.11.2018 Ashok Gupta