Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27652 of 2018 Applicant :- Vikram Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Kripa Shanker Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that initially accused applicant was on bail. Due to absence, non-bailable warrant was issued on 19.8.2016. He was arrested by the police and he is languishing in jail since 19.2.2018 (more than five months); criminal history of two cases have been explained.
Learned counsel for the applicant further submitted that one more opportunity may be granted and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vikram Yadav involved in Case Crime No. 1463 of 2011, under Section 18/20 of N.D.P.S. Act, in S.T. No. 36 of 2012, (State vs. Vikram Yadav), P.S. Chakeri, District Kanpur Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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 :- 30.7.2018/OP