Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22845 of 2019 Applicant :- Swadesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant was on bail during trial. The applicant did not appear on the date fixed in the matter, therefore, non-bailable warrant was issued against him. The applicant has surrendered in this matter and is languishing in jail. It is further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposing the prayer for bail submitted that since the applicant has misused the liberty of bail, the prayer for bail be rejected.
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 one more opportunity be granted to the applicant. The bail application is allowed.
Let the applicant Swadesh Kumar involved in Case Crime No. 103 of 20015 under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Ajeetmal District - Auraiya be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, sureties be verified.
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. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2019/safi