Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22577 of 2019 Applicant :- Aslam Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard Mr. Manish Johsi, learned counsel for the applicant and Mr.
P.K. Shahi, learned counsel for the State.
Perused the record.
Learned counsel for the applicants submits that the applicant has been granted bail on 5th August, 2017 but he could not appear before the court below since 5th December, 2018 due unavoidable circumstances, which have satisfactorily been explained in paragraph no. 8 of the affidavit accompanying the present bail application.
Learned counsel for the applicant has placed forth the circumstances under which the accused-applicant could not appear before the court when he was required and as a result of which his bail got cancelled. It has been submitted that henceforth no default shall be committed by the accused and he is prepared to give an undertaking that he shall faithfully make himself available to the court on each and every date. It has also been pointed out that the accused-applicant has criminal history of 11 cases except the present one but the same have satisfactorily been explained in paragraph-11 of the affidavit filed in support of the present bail applicant. The applicant is in jail since 5th December, 2018. As such the present applicant has undergone more than five months of incarceration. Learned counsel for the applicant, therefore, submits that considering the larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 no useful purpose would be served in keeping the applicant behind the bars. It is lastly submitted that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
After perusing the record in the light of the submissions made at the bar with regard to explanation offered by the accused for his default and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Aslam involved in Sessions Trial No. 250 of 2017 arising out of Case Crime No. 734 of 2016, under Sections 147, 148, 149 and 307 I.P.C., Police Station-Nakhasa, District Sambhal, 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 :-
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall personally appear once in the first week of every 2nd month in the concerned Police Station for a period of one year. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
In case of default of compliance with condition no. (2) enumerated herein above, the order granting bail shall stand cancelled automatically and the court concerned shall issue non-bailable warrant in order to get the applicant arrested and lodge him in jail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.v as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. v provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The trial court is directed to expedite the trial of the present case and conclude the same within six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India & Another reported in AIR 2018 (SC) 2440, if there is no legal impediment. If possible, the trial court shall proceed with the matter on day to day basis.
(Manju Rani Chauhan, J.) Order Date :- 29.5.2019 Sushil/-