Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36209 of 2018 Applicant :- Buddhu Lal Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Joveen Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No. 58 of 2012, under Sections 147, 304, 308, 323, 352, 504, 506, IPC and 7 Criminal Law Amendment Act, Police Station Baharia, District Allahabad.
Heard Sri Joveen Kumar, learned counsel for the applicant and Sri Rajesh Mishra, learned AGA appearing for the State.
The attention of the Court has been drawn to the order passed upon the third bail application. The third bail application which was rejected on 02.02.2016 by this Court with specific direction to the court concerned to conclude the trial within a period of eight months, from the date of production of a certified copy of the order, strictly in accordance with the Section 309 Cr.P.C.
In the present fourth bail application field by the applicant, it has been contended that even though the third bail application was rejected on 02.02.2016 with specific direction to the court concerned to conclude the trial within eight months, but till date the trial has not been concluded.
It has been further contended that there is 16 witnesses and till date only four witnesses have been examined. The further contention is that the applicant is in jail since 29.05.2012 and even though charges was framed on 09.01.2013 i.e. more than almost five years have elapsed and till dated the trial has not been concluded inspite of two very specific directions of this Court. The further contention is that at present and as on date the applicant is 73 years of age. The photographs of the applicant and some medical prescription have also been annexed with the present fourth bail application, to show that he is in a very bad shape.
In view of the aforesaid facts and circumstances, the very old age of the applicant who is suffering in various ailments, no purpose will be served in keeping this man/applicant in jail any further and looking to the parameters as mentioned in the case of Dataram Singh Vs. State of U.P.
and another, reported in 2018 Law Suit (SC) 84, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Buddhu Lal Patel involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 30.11.2018 VKG