Allahabad High Court
Raj Giri @ Karuwa vs State Of U.P. on 9 July, 2019
Bench: Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27206 of 2019
Applicant :- Raj Giri @ Karuwa
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Vikram Yadav,Ajay Kumar Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Ajay Kumar Pathak, learned counsel for the applicant as well as Mr. O.P. Singh, learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant was earlier granted bail by the court below in the year 1994 and thereafter he regularly appeared before the trial court on each and every date till 1997. It is further submitted that thereafter new district Hathras was created and record of his case was transferred from district Aligarh to district Hathras and thereafter, the district Hathras was dissolved and his case was transferred to Aligarh and again district Hathras was created and due to this reason, he had no knowledge about transferring of the case. It is next submitted by the learned counsel for the applicant that the applicant is a poor person and as the applicant had gone to Agra to earn his livelihood, he could not gather any information about transfer of his case from district Aligarh to Hathras. The applicant came to know about issuing of non-bailable warrant against him and he filed recall application and surrendered on 13.05.2019, which was rejected by the court below and presently, he is in jail since 13.05.2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant undertakes that if the applicant is released on bail, he shall attend the court regularly and cooperate with the trial and will not misuse the liberty of bail in any manner.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is absconding from the proceedings of the case for the last about 21 years, and therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail, he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Raj Giri alias Karuwa, involved in Case Crime No. 136 of 1994, under section 4/5 of the Explosive Substances Act, Police Station Hathras Junction, district Hathras, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.7.2019
Zafar
