Citation : 2013 Latest Caselaw 7019 ALL
Judgement Date : 19 November, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 4446 of 2013 Applicant :- Ram Deo Opposite Party :- State Of U.P. Counsel for Applicant :- N.K. Pandey Counsel for Opposite Party :- Govt.Advocate Hon'ble Surendra Vikram Singh Rathore,J.
Supplementary affidavit filed today in Court is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant Ram Deo, who is involved in Case Crime No. 400 of 1990, under Sections 147, 148, 149, 324, 307, 436, 379, 302 and 201 I.P.C., Police Station Colonelganj, District Gonda.
In this case the applicant was on bail but due to his absence, case of the applicant was separated and coercive measures were taken against the applicant. In compliance of which, he surrendered before the court concerned on 22.5.2013.
Learned counsel for the applicant has submitted that charge has already been framed and other co-accused persons, who also could not appear in time, have already been granted bail by the court below. It is further submitted that the prosecution has already examined four witnesses and all of them have turned hostile.
Learned A.G.A. has opposed prayer for bail but has admitted the aforesaid fact situation.
Considering the submissions made by both the parties and going through the record, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let applicant (Ram Deo) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable, local and heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:
(i) That the applicant will not indulge in any criminal activity during the period he remains on bail.
(ii) That the applicant will not tamper with or influence the prosecution witnesses.
(iii) That the applicant will regularly attend the Court and will not delay the proceedings.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail without making any reference to this Court.
Order Date :- 19.11.2013
Virendra
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