Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17134 of 2010 Petitioner :- Hakim Singh And Another Respondent :- State Of U.P. Petitioner Counsel :- Raj Kumar Mishra Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application has been moved on behalf of Hakim Singh & Sheo Singh for
being enlarged on bail in Case Crime No.279 of 2010 Under Section 363, 366
IPC., P.S. Ekdil, District Etawah during the pendency of the trial.
It is submitted by learned counsel for the applicants that the only allegation
made against the applicants is that the applicants who are maternal uncle and
father of co-accused Sudhir had assisted the co-accused Sudhir in getting
married to prosecutrix Pooja. He further contended that there was an
inordinate and unexplained delay of about seven months in the lodging of the
First Information Report. He next contended that the applicant No. 1 is an old
man aged about 70 years and applicant No. 2 is aged about 50 years and they
have no criminal history and they are in jail since 11.5.2010 and thus the
applicants are entitled to be enlarged on bail during the pendency of the trial.
The aforesaid factual aspects of the matter has not been disputed by the
learned AGA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by the learned counsel for the applicants and the fact that
the applicant No. 1 and 2 are old man, this Court is of the view that the
applicants are entitled to be enlarged on bail during the pendency of the trial.
Let the applicants Hakim Singh & Sheo Singh for being enlarged on bail in
Case Crime No.279 of 2010 Under Section 363, 366 IPC., P.S. Ekdil, District
Etawah be released on bail on their furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the court concerned
subject to the following conditions:-
1. The applicants shall record his attendance before the concerned CJM
on the 7th day of every month.
2. The applicants shall not tamper with the prosecution evidence.
3. The applicants shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial Court will be
at liberty to cancel the bail.
Order Date :- 23.7.2010
Pk