Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5217 of 2017 Applicant :- Dhanesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare,Ashok Kumar Mishra,Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is second bail application moved on behalf of applicant Dhanesh, the first bail application having been rejected by this Court on 21.7.2016.
Submission raised by applicant's counsel is that subsequently after rejection of applicant's bail, co-accused Ramcharas @ Ramcharan was released on bail by Co-ordinate Bench of this Court vide order dated 9.1.2017 and, therefore, the applicant may also be released on bail. Counsel for the applicant has also tried to show that the witnesses in the Court who have been produced during the course of trial, have not supported the prosecution case and have been declared hostile, therefore, on that basis also the applicant is entitled to be enlarged on bail.
Heard learned AGA and perused the record.
The order granting bail to co-accused Ramcharas @ Ramcharan is brought on record. Perusal of the same indicates that the factum of rejection of applicant's bail by this Court was never brought for consideration before the Court, which granted bail to co-accused Ramcharas @ Ramcharan. In these circumstances, it is difficult to anticipate as to what order could have been passed if the relevant fact and order of rejection of applicant's bail would have been brought before the Court.
In these circumstances, this Court does not look at the order passed with regard to co-accused to be a good ground to release the applicant on bail. The trial of the applicant's case has already commenced. The very fact of the witnesses being declared hostile indicates that attempt of tampering with the evidence is being made and if the accused is released on bail, it will adversely mitigate the chances of fair trial beyond redemption. The perusal of the bail rejection order passed by this Court indicates that the merits of the case were gone into in detail and in view of the incriminating circumstances, the Court did not find it a fit case to release the applicant on bail.
In the totality, the facts and circumstances of the case are such that this Court does not feel inclined to grant bail to the accused in present case specially in the circumstances when the trial has already commenced and the matter lies with the trial Court to adjudicate finally upon the guilt and innocence of the accused on the basis of evidence produced before it. Any order passed on merits by this Court at this stage when the trial is already at advanced stage is likely to cause prejudice to either side and the outcome of the trial may get adversely affected.
Therefore, the prayer for bail of the applicant is rejected.
However, it is expected that the trial Court shall make all sincere endeavours to expedite the proceedings of the trial and conclude the same as expeditiously as possible without granting unnecessary adjournments to either party.
Order Date :- 23.2.2018
Manish Himwan