Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44922 of 2019 Applicant :- Sunil Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant was enlarged on bail by this court on 13.12.2011. Thereafter he attended the trial and is absconding from the court's proceeding since 09.05.2013. It has been submitted that the applicant could not appear before the court because he was working at Mumbai and could not get leave from employer to attend the court. He has surrendered in court and is in jail since 30.07.2019. The applicant has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sunil Kumar, be released on bail in Case Crime No. 801 of 2011, under Section 356 IPC, Police Station- Tajganj, District- Agra, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Trial court will make all efforts to conclude the trial against the applicant within a period of six months from the date of production of certified copy of this order.
Order Date :- 28.11.2019 Rohit