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2016 DIGILAW 1095 (ALL)

Nadim Khan v. State of U. P.

2016-03-29

VIPIN SINHA

body2016
JUDGMENT Vipin Sinha,J. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present bail application filed on behalf of the applicant seeking bail in case crime No. 436 of 2007, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, police station Konch, District Jalaun. 3. I have perused the prosecution story as set up in the FIR and also the bail rejection order. 4. The contention as raised at the bar by learned counsel for the applicant is that the accused-applicant has already been granted bail in the aforesaid crime. It is further contended that after being bailed out, the applicant was seriously ill. In the meantime due to absence of the applicant, the court below issued NBW against the applicant of which applicant has no knowledge and on the further date fixed, as he has not got any information from court or by his counsel he could not be present before the court, as a result thereof NBW was issued against him. When the police reached to the village regarding compliance of the NBW order issued against the applicant, only then the applicant got information and without doing any further delay he surrendered himself before the court concerned. It is next contended that non-appearance of the applicant before the court was not intentional or deliberate but due to seriously ill of the applicant or some unavoidable circumstances. It is lastly contended that the applicant is in jail since 24.12.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail. 6. Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution. 7. The prayer for bail is granted. The application is allowed. 8. Let the applicant Nadim Khan involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of court concerned subject to condition that in case any further indiscretion is found on the part of the applicant, no further indulgence will be given to him by this Court and the bail shall stand cancelled.