Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12268 of 2018 Applicant :- Ashish Chandra Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Murari Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
This is the fourth bail application filed by the applicant. The first bail application was rejected on merits vide order dated 23.4.2013 passed by this court, the second bail application was dismissed for want of prosecution vide order dated 7.8.2014 passed by this court and the third bail application was dismissed by this court vide order dated 28.8.2017 with a direction to the learned trial court to make all possible efforts to conclude the trial as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of the order.
By means of this fourth application the applicant Ashish Chandra Tiwari has prayed to release him on bail in Case Crime No. 120 of 2011, u/s 302, 201, 120-B I.P.C., P.S. Mughal Sarai, District Chandauli.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
The only fresh ground taken in this fourth bail application is that despite specific direction of this court the trial is still pending at the stage of recording of evidence of the prosecution witnesses and several witnesses of fact are still left to be examined. There is no likelihood of early disposal of the trial whereas the applicant is languishing in jail since 3.5.2011 and has already spent about seven years under incarceration. In support of the aforesaid facts the entire order sheet of the trial concerned has been filed by the applicant, a perusal of which shows that on 6.3.2018 the trial was pending for recording the remaining evidence of PW11. Thus, it is clear that ten prosecution witnesses have already been examined and the court below is taking coercive measures to ensure the attendance of remaining witnesses.
Under these circumstances there does not appear any good ground to release the applicant on bail at this stage. However, keeping in view the long period of incarceration of the the applicant, the trial court is once again directed to conclude the trial expeditiously, preferably within a period of three months from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties fixing short dates.
With the aforesaid direction this bail application is disposed of.
The office is directed to send a copy of this order to the learned trial court by FAX for strict compliance.
Order Date :- 27.4.2018 Pcl