Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40623 of 2018 Applicant :- Akhilesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.975 of 2005, under Sections 302/34 & 201 IPC, Police Station Kotwali, District Mau, with the prayer to enlarge him on bail.
Learned counsel for the applicant has argued that the applicant was granted bail in the year 2008 and he was continuously appearing before the trial Court and thereafter on account of some unavoidable circumstances and due to financial crises, he left for Mumbai to earn his livelihood. However, he appeared on 5.12.2017. It is argued that there was no wilful default on the part of the applicant for absconding for about nine years and now he is in jail for the past about nine months, therefore, he may be enlarged on bail.
Per contra, learned AGA vehemently opposed the bail prayer and submitted that on account of abscondence of the applicant, the trial remained held up for nine long years, therefore, the applicant is not entitled to be released on bail.
Considering the fact that the applicant had absconded for about nine years for which no plausible explanation has come forward, I do not find it to be a fit case for grant of bail to the applicant.
The bail application is accordingly rejected.
However, considering the fact that the matter relates to the year 2005, the trial Court is directed to make its full endeavour to expedite the trial and conclude the same without granting unnecessary adjournment to either of the parties, on day to day basis, strictly in accordance with the provisions of Section 309(1) Cr.P.C., preferably within a period of six months from the date of production of a certified copy of the order.
Let a copy of this order be sent to concerned Court below for intimation and necessary compliance within a week.
Order Date :- 26.10.2018 Hasnain