Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28854 of 2019 Applicant :- Dilshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Jai Prakash Singh, learned counsel for the applicant and Mr. Om Prakash Mishra, learned A.G.A. for the State as well as perused the record.
Learned counsel for the applicants submits that the applicant has been granted bail on 16th December, 2004, but he could not appear before the court below since 2nd July, 2011 due unavoidable circumstances, which have satisfactorily been explained in paragraph no. 9 of the affidavit accompanying the present bail application.
Learned counsel for the applicant has placed forth the circumstances under which the accused-applicant could not appear before the court when he was required and as a result of which his bail got cancelled. It has been submitted that henceforth no default shall be committed by the accused and he is prepared to give an undertaking that he shall faithfully make himself available to the court on each and every date. It has also been pointed out that the accused is not having any criminal history and he is in jail since 30th January, 2012, and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail, but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
After perusing the record in the light of the submissions made at the bar with regard to explanation offered by the accused for his default and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Dilshad involved in Case Crime No 110 of 2004, under Section 364A I.P.C., Police Station-Jalalabad, District- Shahjahanpur 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.
(3) The applicant shall personally appear once in the first week of every month in the concerned Police Station. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
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.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.3 as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. 3 provided herein before may be complied with.
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.
The trial court is directed to expedite the trial of the present case and conclude the same within six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India & Another reported in AIR 2018 (SC) 2440, if there is no legal impediment. If possible, the trial court shall proceed with the matter on day to day basis.
It is also made clear that the trial court shall not adjourn the trial of the present case on the request of the applicant on any ground whatsoever.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2019 Sushil/-