The bail application of the accused charged under Sections 307 and 506 IPC was allowed by the Court after admitting the applicant had no criminal history and would cooperate in the trial.
The applicant was released on bail by executing a personal bond and furnishing two sureties.
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. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3798 of 2018
Applicant :- Ujendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Nitin Kumar 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, the accused was on bail; non-bailable warrant was issued on 05.01.2016 due to absence of the accused and he surrendered on 20.11.2017; the applicant is languishing in jail since 20.11.2017 (more than three months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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- Ujendra Singh involved in the Case Crime No.67 of 2009, under Sections 307, 506 IPC, P.S. Jasrathpur, District-Etah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 :- 21.2.2018 JSP
1 issue framed by the court
Whether the applicant is eligible for bail considering his period of custody and nature of allegations.
1 provisions across 1 enactments
Ujendra Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
