The court granted bail to the applicant in a criminal case involving attempted murder and dacoity, requiring a personal bond and local sureties, subject to conditions regarding court appearance and not tampering with evidence.
Release of the applicant on bail through personal bond and two local sureties subject to specified conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13216 of 2021
Applicant :- Avanish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended that the applicant was granted bail in the aforesaid case on 21.12.2009 and thereafter he had been regularly appearing before the Court concerned. It is next submitted that for earning his livelihood the applicant went to Delhi and as such, he could not appear on the subsequent dates. Learned counsel for the applicant submits that the applicant undertakes to appear before the Court concerned on each and every date and he shall not leave the district without permission of the Court. It is further contended that the applicant is in jail since 11.01.2021 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Avanish Kumar, involved in Case Crime No. 437 of 2009, under Section 307 I.P.C. and 12 of the Dacoity Affected Area Act, Police Station Iradatnagar, District Agra be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 15.3.2021
SKT/-
2 issues framed by the court
Whether bail can be granted to the applicant under specified conditions considering his presence in jail and inability to appear in court regularly.
Whether the conditions proposed by the applicant to appear regularly and not leave the district without permission are sufficient for bail.
2 provisions across 2 enactments
Avanish Kumar
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
