Learned A.G.A. files counter affidavit, which is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The accused-applicant Sukhdev is involved in Case Crime No. 111 of 1997, S.T. No. 1053 of 1997, under Section 302, 201, 120-B I.P.C., from Police Station Mall, District Lucknow.
The accused applicant Sukhadev, son of late Shyam Lal, resident of village Raipur, Police Station Mall, District Lucknow was facing trial in S.T. No.1053 of 1997 (Crime No.111 of 1997) State Vs Sukhadev, under Sections 302, 201, 120-B I.P.C. pending in the court of Additional Sessions Judge, Court No.7, Lucknow. He was already on bail, but he could not appear on the date fixed i.e. 26.06.2008 on account of illness of his son, therefore, trial court issued non bailable warrant against him. The accused applicant on account of poverty could not attend the court on three dates. He was arrested by the police on 17.08.2008 and since then he is in jail. Learned counsel for the applicant assures that the accused-applicant will attend the court regularly on future dates. Therefore, accused applicant deserves to be released on bail. Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate, and keeping in view the assurance made by the learned counsel for the accused applicant, he may be released on bail.
Let applicant Sukhdev be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 11.1.2010 Renu