Single judge allowed bail to an applicant languishing in jail since Feb 2019 for default, despite prior misuse of bail, granting one more chance to cooperate in trial.
Released on bail on personal bond and two heavy sureties subject to strict conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3843 of 2020
Applicant :- Bulendra Pasi @ Nandlal Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant was on bail during trial. The applicant did not appear on the date fixed in the matter, therefore, non-bailable warrant was issued against him. The applicant has surrendered in this matter and is languishing in jail in this matter at present since 21.2.2019. No witness has been examined till today. Even record of the statement under section 164 Cr.P.C. is also missing. Trial court is trying to collect the record of the aforesaid statement. It is further submitted that the applicant undertakes to appear on each and every date fixed by the trial court and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposing the prayer for bail submitted that since the applicant has misused the liberty of bail, the prayer for bail be rejected.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that one more opportunity be granted to the applicant. The bail application is allowed.
Let the applicant Bulendra Pasi @ Nandlal involved in Case Crime No.107 of 2008 under Sections 376, 506 IPC, Police Station Saraimamrej, District - Allahabad be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 19.2.2020
ss
1 issue framed by the court
Whether the applicant, who is already in jail for bail default after 2019 and has no witnesses examined yet, deserves another bail opportunity.
Bulendra Pasi @ Nandlal
Om Prakash-VII,J.
As recorded by the court registry
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