Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52323 of 2019 Applicant :- Vansiwala @ Ram Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vijay Tripathi, learned counsel for the applicant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Vansiwala @ Ram Mohan with a prayer to release him on bail in Case Crime No. 408 of 2009, under Section 307 IPC, Police Station -Iradat Nagar, District - Agra, during pendency of trial.
3. Earlier, the applicant had been enlarged on bail by the Court of Sessions. However, it is the case of the applicant that though he appeared in the trial proceedings upto 19.11.2014, he could not appear thereafter, as he had gone to Gujarat in connection with the work. In such circumstances, bail had been cancelled and non-bailable warrants had been issued. He is in jail since 23.09.2019.
4. Having heard learned counsel for the parties, it appears that present is an old trial of the year 2009. For five years, the applicant appears to have participated in those proceedings. Unfortunately, the trial had not concluded within that time. Keeping that factum in mind, the applicant is entitled to some indulgence.
5. Accordingly and without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two fresh sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. Further, learned court below may proceed to conclude the trial proceedings, as expeditiously as possible.
Order Date :- 27.11.2019 AHA