The court allowed a bail application under a criminal Misc. Bail no., granting the applicant additional opportunity considering past non-appearance. Bail granted subject to strict personal bond, heavy sureties, and conditions against tampering.
Applicant released on bail upon furnishing personal bond and two heavy sureties subject to specified conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5526 of 2020
Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh 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. 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 Manoj Kumar involved in Case Crime No.73 of 2015 under Sections 363, 366, 376 I.P.C. and 4 POCSO Act, Police Station Agauta, District Bulandshahar be released on bail on 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 :- 5.2.2020 ss
2 issues framed by the court
Whether the applicant, having previously misused bail liberty, deserves another opportunity for bail.
Whether to grant bail to the applicant for offences under relevant sections of IPC and POCSO Act.
Manoj Kumar
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
