Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50697 of 2017 Applicant :- Arvind Kumar Singh @ Vithal Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
This is fourth bail application of applicant after rejection of his first and third bail application being Criminal Misc. Bail Application Nos.11242 of 2015 & 41001 of 2016 on merits vide orders dated 4.5.2015 & 8.3.2017 respectively and second Criminal Misc. Bail Application No.29995 of 2016 for non- prosecution vide order dated 6.10.2016.
Heard Sri M.N. Pathak, Advocate holding brief of Sri Sanjay Tiwari, learned counsel for applicant, learned A.G.A. and perused record.
Learned counsel for applicant contends that after rejection of third bail application the trial has not been concluded despite the direction of this Court to conclude the trial as expeditiously as possible; that alleged eye witnesses of incident have turned hostile and till date only six witnesses have been examined and the formal witnesses viz. I.O. and doctor etc. are yet to be examined; that applicant is in custody since last more than 5 years and in the circumstances the applicant deserves to be released on bail; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 20.6.2014.
Learned A.G.A. vehemently opposed prayer of bail and contended that all the facts and circumstances have already been considered in the order rejecting first bail application as well as third bail application; that no new ground has been mentioned except the period of detention which has no significance in heinous cases; that only formal witnesses are left to be examined which will be examined in near future and the trial is liable to be concluded in near future; that applicant if released on bail shall misuse liberty of bail and delay and defraud fair trial.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I do not find it a fit case for bail.
The fourth bail application of applicant Arvind Kumar Singh @ Vithal in Case Crime No.560 of 2014, under Sections 302 I.P.C. and Section 7/27 Arms Act, P.S. Cantt. District Gorakhpur, is rejected accordingly.
However, the trial court is requested to conclude the trial as expeditiously as possible, in accordance with law without granting unnecessary adjournments to either party.
Order Date :- 26.7.2019 Kpy