Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4313 of 2019 Applicant :- Bilkhu @ Mahipal Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant contended that applicant was granted bail and attended Court upto 1.8.2008 and thereafter, he left for work and could not attend the Court; that he has been arrested on 5.8.2018 after a period of over 10 years; that trial of co-accused persons was separated and decided in acquittal on 24.7.2001; that there is no incriminating evidence against applicant; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 5.8.2018.
Learned AGA vehemently opposed the prayer of bail and contended that applicant is one of the accused in this murder case of 1998 and is absconding since 1.8.2008; that contention of illness of applicant is absolutely false; that applicant if released on bail shall again abscond and will delay and defraud the fair disposal of trial.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, his absconding for a long period over 10 years without any reasonable cause or excuse 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 bail application of applicant Bilkhu @ Mahipal in case crime no.66 of 1998, under sections 363, 366, 302, 120-B IPC, P.S. Chikasi, District Hamirpur, is rejected accordingly.
However, the trial court is directed to conclude the trial expeditiously in accordance with law, without granting any unnecessary adjournment to either party, if possible within one year.
Order Date :- 30.1.2019 Tamang