Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21394 of 2021 Applicant :- Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 182 of 2009, under Section 2/3 of Gangster Act, Police Station- Bhojpur, District- Ghaziabad.
It is contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is next contended that earlier he was enlarged on bail by this Court vide order dated 14.12.2009 in Criminal Misc. Bail Application No. 32997 of 2009, but thereafter, he was arrested in another Case Crime No. 393 of 2015, under Section 392, 411 IPC in which he was languishing in jail since 7.9.2018, therefore, he could not appear before the Court below. During the period of enlargement on bail, he was implicated in three other cases out of which in two cases, he was acquitted by the Court below. Lastly, he submitted that he himself surrendered before the Court below on 22.1.2021. He is languishing in jail since 22.1.2021.
Learned A.G.A. has vehemently opposed the bail application and submitted that applicant has misused the liberty of bail and he again indulged in crime. Further, one more case i.e. case crime no. 393 of 2015 is still pending against him. He next submitted that as per own case of applicant, he was languishing in jail since 7.9.2018 in case crime no. 393 of 2015, therefore, there is no occasion to surrender before the Court below on 22.1.2021. Further, he has not annexed the order sheet alongwith affidavit in support of his above contention. He next submitted that during the period of enlargement on bail, he was indulged in crime, which shows that he is habitual offender. In case, he is released on bail, he will again indulge in criminal activities, therefore, the present bail application is liable to be rejected.
Considering the facts and circumstances of the case, the gravity of the offence, the nature of accusations and severity of punishment in case of conviction, there does not appear any good ground to release the applicant on bail.
Accordingly, the bail application is rejected.
At this juncture, learned counsel for the applicant prayed that the trial is proceedings at snail's speed, hence the trial court be directed to conclude it within some time bound period.
The prayer is allowed.
Keeping in view that the applicant is in jail since 22.1.2021, the trial court is directed to make all possible efforts to conclude the trial expeditiously, if possible, within a period of six months from the date of production of certified copy of this order.
Order Date :- 13.8.2021 Junaid