Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48259 of 2018 Applicant :- Vijay Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Daya Ram Yadav,Ashutosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Daya Ram Yadav, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant was on bail and during trial of S.T. No.511 of 1996 the court record of S.T. No.511 of 1996 was misplaced regarding which F.I.R. was lodged by reader of Court against retired employee of judgeship under Section 379 I.P.C. in which applicant was also taken into custody and sent to prison on 8.9.2018; that during reconstruction of record of S.T. No.511 of 1996 non-bailable warrants were issued against applicant on 14.9.2018 on which date he was in custody in a case under Section 379 I.P.C.; that applicant has not made any wilful default rather was unable to appear before the Court on 14.9.2018 as he was in custody; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 16.10.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Vijay Pal be released on bail in S.T. No.511 of 1996, under Section 302 I.P.C., P.S. Pilakhuva, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.12.2018 Kpy