Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1670 of 2018 Applicant :- Daud Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Mayank Counsel for Opposite Party :- G.A.,Anshuman Vidhu Chandra
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
This is the fourth bail prayer on behalf of the accused-applicant in crime no. 34 of 2013, under sections 147, 148, 149, 341, 504, 506, 302 IPC, police station Sarai Inayat, District Allahabad.
The contention of the learned counsel for the applicant is that this is the fourth bail application and in spite of three earlier directions of this Court, the trial has not bet been concluded. By the order dated 27.04.2017, by means of which the third bail application was rejected, a specific direction was issued to the court concerned to conclude the trial within a period of eight months strictly in accordance with Section 309 Cr.P.C. It was further observed while rejecting the third bail application that in case the trial is not concluded within the aforesaid extended period of eight months, liberty was given to the applicant to file a fresh application, in pursuance of which, the present bail application filed with the contention that the trial has not yet been concluded. Further contention is that there are as many as 18 witnesses and there is no likelihood of the trial been concluded at an early date.
Looking to the gravity of the offence, I am not inclined to grant bail to the applicant. However considering the fact that the applicant is in jail since 27.02.2013 with no previous criminal history and it is not disputed by the learned A.G.A., he cannot be further incarcerated into jail for the reason that the trial court is not in a position to conclude the trial expeditiously, which is one of the fundamental rights under Article 21 of the Constitution of India. To incarcerate an accused for an unlimited period at a pre trial stage without his trial being concluded expeditiously as has been mandated under section 309 Cr.P.C. will not be in the interest of justice. However be that as it may, I consider it appropriate to release the applicant on short term bail/parole for a period of six months starting from 03.08.2018. Accused-applicant shall be released on short term bail/parole on his furnishing a personal bond of Rs. two lacs with two solvent sureties each of Rs. two lacs in the like amount to the trial court concerned on the said date.
Both the sureties shall be his family members and/or relatives.
Accused-applicant is directed to surrender before trial court on 02.02.2019.
The bail application shall come up for orders on 11.02.2019 after expiry of six months.
Meanwhile learned trial Judge is directed to conclude the trial within the intervening period.
In the event trial is concluded interregnum and the applicant is acquitted, applicant need not surrender and in that eventuality, he is directed to file an affidavit along with certified copy of the judgment of the trial Judge before this Court.
It is further being made clear that in case the trial is concluded interregnum and the same ends in a conviction, the applicant shall immediately be taken into custody in accordance with law and notwithstanding anything contained in this order.
Order Date :- 27.7.2018 Abhishek/ V.S. Singh