Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the second bail application. The first bail application was rejected by this Court vide order dated 11.05.2019 passed in bail No. 318/2018.
Learned counsel for the applicant submits that while rejecting the first bail application, this Court directed the learned trial court to conclude the trial within a period of one year. Learned counsel for the applicant has categorically stated that order passed by this Court is on record of the trial court.
He further submits hat charges were framed on 09.05.2018 and since then not a single prosecution witness has been produced. It is further submitted that even after the order passed by this Court to expedite the trial not a single prosecution witness has been examined by the prosecution and presently due to Covid-19, trial is held up. It is lastly contended that the applicant has already undergone for more than three and half years and there are total number of 16 witnesses and the examination of the witness is yet to begin.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the fact that charges were framed on 09.05.2018, in spite of the orders passed by this Court, the trial has not started and not a single witness has been examined and the applicant has already been in jail for more than 3 and half years without having any previous criminal antecedents and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Arif, involved in Case Crime/F.I.R. No. 205/2017, under Sections 498A/304B IPC and Section 3/4 of D.P. Act, Police Station - Nighasan, District - Kheri, 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 20.1.2021 R.C.