Allahabad High Court
Nirvikar Nath Bajpayi vs State Of U.P. on 21 January, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1553 of 2010 Petitioner :- Nirvikar Nath Bajpayi Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that , after the grant of bail, the applicant due to some unavoidable circumstances could not appear before the court on the date fixed , consequently non bailable warrant was issued against him and the applicant surrendered before the court below. Learned counsel further submits that the applicant undertakes that after release on bail he shall regularly attend the court on each and every date .
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A. and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Nirvikar Nath Bajpayi involved in Case Crime No. 353/1995 (ST No. 58/2000) under Sections 307,120B I.P.C., P.S. Kotwali Katra, District Mirzapur 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 with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2010 MLK