This criminal miscellaneous bail application considers the release of Nasir on bail during trial. The High Court granted bail after noting the applicant's lack of antecedents and readiness to cooperate with the trial proceedings, referencing Data Ram.
Release of applicant Nasir on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37112 of 2019
Applicant :- Nasir Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 03 of 2012, under Sections 467, 468, 471, 420, 414 I.P.C. and Section 41/102 Cr.P.C., P.S. Kotwali, district-Moradabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was granted bail by the learned lower court in the aforesaid case on 3.2.2012 but on account of his failure to appear before the trial court on few dates due to sudden illness, the learned trial Judge has cancelled his bail bonds and issued non-bailable warrant against the applicant. He next submitted that the applicant is ready to appear on each and every date before the court below for expeditious disposal of the case. He lastly submitted that the applicant, who has no reported criminal antecedent to his credit and is in jail since 6.3.2019 is entitled to be enlarged on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Nasir 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 in Case Crime No. 03 of 2012, under Sections 467, 468, 471, 420, 414 I.P.C. and Section 41/102 Cr.P.C., P.S. Kotwali,
district-Moradabad subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 20.9.2019 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial despite previous bail cancellation.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶9
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
2 provisions across 2 enactments
Nasir
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
Parties & counsel
