Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26326 of 2021 Applicant :- Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey,Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 480 of 2017 under Sections 302, 386, 120-B IPC, police station Aurangabad, District Bulandshahr with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was stated that in this case, applicant was on bail vide order dated 09.01.2018 passed by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 1002 of 2018 but during trial he could not appear before the trial court as he was apprehended in another case, being Case Crime No. 649 of 2019, P.S. Dhankaur, District Gautam Buddh Nagar. Learned counsel submits that applicant has not committed any default deliberately and that during relevant period, for several months, Courts were not functioning regularly due to COVID-19 pandemic. It has further been argued that the applicant is in judicial custody since 25.02.2021 and in future, the applicant would co-operate during trial and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Umesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak