Court considered a bail application by an applicant remanded to jail for non-appearance despite existing bail. Jurisdiction was exercised to grant bail without ruling on merits of the underlying criminal case.
Applicant released on bail with personal bond and two heavy sureties upon regular appearance before trial court.
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Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22883 of 2020
Applicant :- Pinku Kapoor Opposite Party :- State of U.P. Counsel for Applicant :- Siya Ram Verma,Akansha Verma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by the learned counsel for the applicant that the applicant was on bail in this case but did not appear before the trial court and non bailable warrant has been issued against the applicant and this was the reason that he was again sent to jail and he is in jail since 10.2.2020.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Pinku Kapoor involved in Case Crime No. 1333 of 2007, under sections 364 IPC, P.S. Chakeri, District Kanpur Nagar be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the direction that the applicant shall appear before the trial court regularly on the date fixed, in case of default the court shall take appropriate action against the applicant.
Order Date :- 1.9.2020 Masarrat
2 issues framed by the court
Whether the applicant, who was on bail but failed to appear leading to issuance of non-bailable warrant and subsequent remand, is eligible for bail.
Whether the bail application is a fit case despite default in appearing before the trial court.
1 provisions across 1 enactments
Pinku Kapoor
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
