Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34379 of 2019 Applicant :- Alok Kumar Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected by Hon'ble Umesh Chandra Tripathi,J. (Rtd.) vide order dated 23.1.2019 in Criminal Misc. Bail Application No. 1070 of 2019.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. Two witnesses of fact have been examined before trial court, they not supported the prosecution case and turned hostile. There is no direct evidence against the applicant. Applicant is poor person. There is no independent witness. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 29.6.2018 (near about one year and two months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that all grounds taken by learned counsel for the applicant have been considered at time of hearing of first bail application except hostile of two witnesses of fact. At this stage, it will not be proper for this Court to appreciate the evidence produced before trial court. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case and there is no fresh ground, the Court is of the opinion that it is not a fit case for bail. Hence the second bail application of applicant Alok Kumar Tyagi involved in Case Crime No. 621 of 2018, under Sections 302, 506/34 IPC, P.S. Kotwali City, District Bijnor is hereby rejected at this stage.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
S.S.P./S.P., Bijnor and District Magistrate, Bijnor are directed to ensure presence of witnesses on summoning before the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Bijnor & District Magistrate, Bijnor and court concerned for necessary compliance.
The court concerned is directed to send a detailed report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Order Date :- 26.8.2019 A. Singh