Single Judge allowed bail to the applicant who had surrendered, accused of offences under IPC and Arms Act, despite absence leading to N.B.W. Warrant.
Released on bail on furnishing personal bond and two sureties with conditions regarding appearance and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1385 of 2018 Applicant :- Kala Nath Alias Kali Charan Opposite Party :- State Of U.P. Counsel for Applicant :- Ved Prakash Pandey,Vinay Krishna Pandey 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 appellant was on bail. Due to absence, non-bailable warrant was issued on 19.4.2015 and he surrendered before the court on 30.10.2017 and till then he is languishing in jail.
Learned counsel for the applicant submitted that applicant is languishing in jail since 30.10.2017 (near about nine months; having no criminal history; he is a poor person and for employment he went one place to another place and due to advice of Advocate alleging that the case was finished, he was unable to attend the Court and 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 and admitted that applicant has no criminal history.
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 Kala Nath Alias Kali Charan involved in Case Crime No. 177 of 2005 in S.T. No. 366 of 2015, under Sections 398/401 I.P.C. and Section 4/25 of Arms Act, P.S. Nagphani, District Moradabad 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:
2.The appellant will not pressurize/ intimidate the prosecution witness.
3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The appellant 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 appellant 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 :- 25.7.2018/OP
2 issues framed by the court
Whether the applicant is entitled to bail after surrender following a non-bailable warrant.
Whether bail conditions can be imposed to prevent tampering with evidence and intimidation of witnesses.
2 provisions across 2 enactments
Kala Nath Alias Kali Charan
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
