Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27507 of 2009 Petitioner :- Ansar Respondent :- State Of U.P. Petitioner Counsel :- Brij Raj Singh Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,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
allowed bail in this case on 24.9.1993 but due to some unavoidable reasons he
could not attend the court proceedings and was sent to jail and is in jail
3.3.2009 and the trial is pending and the witnesses are not coming to give
evidence in the court.
Learned A.G.A. has contended that the trial (S.T. No. 75 of 1998) is pending
from 1998 and the witnesses are not appearing.
The trial is pending and delay is caused by the prosecution.
Considering nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Ansar involved in case crime no. 349 of 1993, under
sections 302 IPC, P.S. Kotwali Mainpuri, District Mainpuri 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 :- 28.7.2010
Masarrat