Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 452 of 2019 Applicant :- Dheeraj Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Vipin Kumar,Vikas Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is the third bail application. The first and the second bail applications were rejected by this court on 17.2.2016 and 21.11.2016 respectively.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of learned counsel for the applicant is that the applicant is in jail since 16.11.2014 and has already been behind the bars for almost four years. Further submission is that the first bail application has already been rejected on 17.2.2016 but the trial has not made any substantial progress and the delay in conclusion of the trial is not attributable to the accused- applicant. Submission is that keeping in view the period of detention and the nature of offence involved in the matter and unlikelihood of conclusion of the trial in near future the applicant may be released on bail.
Learned A.G.A. opposed the prayer for bail but has not disputed the period of detention and has also not been disputed that the delay in conclusion of the trial is not attributable to the accused applicant.
In the aforesaid circumstances, keeping in view the nature of offences, the nature of evidence and specially keeping in perspective the period of detention already undergone and the unlikelihood of early conclusion of trial, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Dheeraj Shukla, involved in Case No. 251-A of 2016, arising out of Case Crime No. 323 of 2014, under Sections 406, 419, 420, 467, 468, 471, 506 I.P.C., P.S.- Shivpur, District- Varanasi be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.5.2019 Naresh