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Raj Kumar @ Rajeev v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22799 of 2005  RD-AH 10103 (23 May 2006)
CRIMINAL MISC. BAIL APPLICATION NO. 22799 OF 2005
Raj Kumar @ Rajeev.............................Applicant.
State of U.P........................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri Gaurav Kakkar learned counsel for the applicant, Sri Varun Kumar Srivastava, Advocate appearing for the complainant and learned A.G.A. for the State.
This is second bail application on behalf of the applicant. The first bail application was rejected by this Court on 16.8.2005. New ground on which the second bail application pressed is that the trial was completed and the date was fixed for judgment but at the instance of the complainant, a transfer application was moved before the learned Sessions Judge Baghpat on 4.5.2006, which was rejected on merits on the same day. It was specifically mentioned in the rejection order that the trial is completed and the date for delivery of judgment fixed is 11.5.2006. Subsequently, a transfer application no. 258 of 2006 was moved before this Court and interim order has been passed, whereby proceedings including delivery of judgment has been stayed till July, 2006. In view of this matter, it is submitted that the trial is completed and the date for delivery of judgment was fixed. There is no occasion for the applicant to tamper with the evidence or intimidate the witnesses. Proceeding has been got stayed at the instance of the complainant himself. Certain argument was advanced by the counsel for the applicant on merit as well. I am not inclined to hear the argument, which was already advanced in the previous bail application. However, in the light of new development that the delivery of judgment and proceedings have been got stayed at the instance of the complainant, the applicant is entitled to be released on bail on the following conditions that:
a. he shall file an undertaking before the Sessions Judge
that he will not absent himself on the date fixed in the trial.
b. In the event any complaint is received against him that
he has tried to commit criminal offence during the period of his release, it will be open for the court concerned to make appropriate inquiry and report this Court so that proceeding for cancellation of bail will be initiated.
Let applicant Raj Kumar @ Rajeev s/o Dayanidhi be released on bail in Case Crime No. 476 of 2004, under Sections 302, 506 I.P.C., Police Station Doghat, District Baghpat on his executing a personal bond and furnishing two sureties of Rs.50,000/- each in the like amount to the satisfaction of the court concerned.
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