Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23445 of 2014 Applicant :- Arjun Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- R.P. Singh,Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- Govt. Advocate
Hon'ble Pradeep Kumar Singh Baghel,J.
This is the fourth bail application moved on behalf of accused- applicant Arjun Yadav seeking bail in Case Crime No. 87/2007, under Sections 147, 148, 149, 307, 302, 504 I.P.C. and 3(2)(5) of SC/ST Act, Police Station Jiyanpur, District Azamgarh.
I have heard learned counsel for the applicant and learned A.G.A. and perused the material on record as well as the earlier orders passed by this Court rejecting his bail applications.
It is stated that the applicant is in jail since 09th February, 2007 and the trial is yet to be concluded.
The fact remains that for the last ten years the trial could not be concluded and the applicant is in jail. It is trite that in a series of judgments the Supreme Court has highlighted the need to conclude the trial at the earliest and in case the trial is not concluded, the application for bail be considered in the light of the facts and circumstances of the case.
The fact that the applicant has no criminal history has not been denied by the learned A.G.A. on the basis of the instructions received by him.
In view of the above, the bail application of the applicant is allowed.
Let the applicant- Arjun Yadav, involved in Case Crime No. 87/2007, under Sections 147, 148, 149, 307, 302, 504 I.P.C. and 3(2)(5) of SC/ST Act, Police Station Jiyanpur, District Azamgarh be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, on the following conditions:
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the Court and will not seek unnecessary adjournments and his personal presence shall not be exempted unless the Court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, learned A.G.A. will be at liberty to move an application to recall this order.
Accordingly, the bail application is allowed.
Order Date :- 30.3.2018 SKT/-