Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18233 of 2018 Applicant :- Tej Bahadur Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mangla Prasad Rai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
Learned counsel for the applicant submitted that initially accused was on bail. He absconded from 24.4.2013. Non- bailable warrant was issued due to absence and he surrendered on 13.9.2017 and till then, he is languishing in jail having no criminal history. Learned counsel for the applicant submitted that one more opportunity be given to the accused applicant and in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned Additional Sessions Judge, Court No.3, Mirzapur vide order dated 12.12.2017 expressed his view that this case is likely to be concluded within 30 days. More than six months have elapsed but case has not been concluded and vide order dated 10.4.2018 and 3.5.2018 some witnesses have been summoned. It appears that this case is not likely to be decided in short time in future.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Tej Bahadur Singh involved in S.T. No. 192 of 2007, Case Crime No.114 of 2007, under Sections 323/34, 325/34, 304/34 IPC, Police Station Haliya, District Mirzapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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.
5. 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 court below shall be at liberty to cancel the bail.
Order Date :- 28.5.2018 P.P.