Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 212 of 2010 Petitioner :- Sumiurrahaman Alias Bona Respondent :- State Of U.P. Petitioner Counsel :- Virendra Singh Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant-Sumiurrahaman alias Bona seeks bail in Case Crime No.
384 of 2004, under Sections 420, 467, 468, 471 and 120-B I.P.C.,
Police Station Delhi Gate, District Meerut.
Heard learned counsel for the applicant as well as learned AGA for the
State and perused the material placed on record.
It is contended by learned counsel for the applicant that the applicant
is aged about 66 years and a heart patient and because of his illness
he could not appear before the court earlier. He next argued that the
main accused in the present case Wasiur Rehman alias Chhota has
been released on bail by another Bench of this Court on 11.1.2005
while Nasir Ali, another co-accused, a guarantor of the loan amount
has also been released on bail on 15.1.2005. He has further argued
that the applicant is neither a guarantor of the loan amount nor he is
involved in any manner in the transaction between co-accused and the
informant. He has further submitted that the applicant is in jail since
19/20/11.2009 and the trial has not concluded which is likely to
consume some time to conclude.
The bail is, however, opposed by the learned A.G.A. by contending
that the prosecution is apprehensive of the fact that in case he is
allowed to be released on bail, there is every likelihood of his fleeing
away from the judicial process.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering totality of circumstances of the case, I consider it a fit
case to enlarge the applicants on bail.
Without expressing any opinion on the merits of the case, let the
applicant-Sumiurrahaman alias Bona involved in aforesaid crime be
released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned and
executing an undertaking in the following terms:
1. The applicant shall appear on every date before the trial court
and shall not seek unnecessary adjournment.
2. The applicant shall not tamper with evidence in any manner.
3. The applicant shall report to the court of C.J.M. concerned in
the first week of each month till the conclusion of the trial to
show his good conduct and behaviour. In default of any of the
aforesaid conditions, the bail granted to the applicant shall be
deemed to be canceled and he shall be taken into custody by
the court concerned.
In case of breach of above conditions, the prosecution would
be at liberty to move an application for cancellation of bail.
Identity, status and residence and proof of sureties be verified
by the authority concerned before they are accepted.
Order Date :- 29.1.2010
MN/-
