Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39028 of 2018 Applicant :- Arun Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Naseer Ahmad,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This present bail application has been filed by the applicant for seeking bail in Case Crime No. 363 of 2013 (Sessions Trial No. 1162 of 2013), under Sections- 147, 148, 149, 302, 201 I.P.C., Police Station- Sikandrabad, District- Bulandshahar.
Learned counsel for the applicant contended that earlier the applicant has been granted bail on 17.01.2014 by this court. Due to seriously ill, most of the time he was suffering from jaundice so he could not appear before the Court and further contended that if he is granted bail he will cooperate with the trial. It is apparent from the record that the applicant was not able to appear before the trial court on each and every date and requested that if bail is granted to him he will not misuse the liberty of bail and he will cooperate with the trial and shall appear before trial court on each and every date.
It is further contended that the statement under Section 313 Cr.P.C. is recorded by learned trial court.
It is transpires from the record that N.B.W. against the applicant was issued on 15.09.2015 and he appeared before the Court on 06.07.2018. So the applicant absconded himself about three years and have no justifiable ground of absence. The applicant misused the liberty of bail. Last stage of trial going on. Keeping in view the facts and circumstances of this case there is no ground for bail, hence the bail application is rejected. However, it is directed that learned trial court may conclude the trial within two months if there is no legal impediment.
Order Date :- 29.5.2019 Rohit