Citation : 2014 Latest Caselaw 8977 ALL
Judgement Date : 21 November, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40149 of 2014 Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- R.L. Verma,C.B. Verma Counsel for Opposite Party :- Govt.Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that earlier applicant was released on bail, however, due to lack of information he could not attend the court on the date fixed hence warrant was issued. There is no previous criminal history of the applicant. He further submitted that applicant will not misuse the liberty of bail and he will cooperate with the trial if he is released on bail. In the present case, applicant is in jail since 20.9.2014.
Learned AGA has vehemently opposed the aforesaid prayer for bail.
In view of above facts, considering the nature of allegation and offence, without expressing any opinion on merit, it is a fit case for bail.
Let the applicant Deepak be enlarged on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of court concerned in Case Crime No.519/2006, Special Case No.24/12, under section 2/3 Gangster Act, P.S. Sadar Bazar, District Shahjahanpur with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.11.2014
Pramod
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