Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47956 of 2017 Applicant :- Chandra Bhan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Supplementary affidavit showing the status of trial filed today is taken on record.
This is the second bail application moved on behalf of the applicant Chandra Bhan Yadav.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.204 of 2016, under Sections 307,393 IPC, Police Station Dhanghata, District Sant Kabir Nagar during the pendency of trial.
It is submitted by the learned counsel for the applicant that while rejecting the first bail application of the applicant by order dated 9.5.2017 it was directed to the court below to proceed with the trial on day to day basis complying the provisions of under Section 309 Cr.P.C. and shall make its earnest endeavour to conclude the same within six months from the date of production of a certified copy of this order avoiding unnecessary adjournment on flimsy and perfunctory grounds. The copy of the aforesaid order was placed before the court below. Though the charges were framed on 21.1.2017 but since then only P.W-1 has been examined in chief, however, his cross-examination has yet not been concluded. The trial is proceeding in snail's pace, as the court below was also lying vacant successively on several dates. The applicant who is languishing in jail since 26.4.2016, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the first bail application of the applicant was rejected on merit after considering the entire facts and circumstances of the case. The role of the applicant was distinguished while rejecting his first bail application as he was the person who had fired at the victim. It is further contended that long incarceration of the applicant will not mitigate or mollify the gravamen of the offence, as such, he does not deserve to be enlarged on bail.
Considering the changed circumstances and submissions advanced by the learned counsel for the applicant but without expressing any opinion on the merits, let the applicant Chandra Bhan Yadav involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 M. Tariq