Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53544 of 2019 Applicant :- Gaurav Jauhari Opposite Party :- State of U.P.
Counsel for Applicant :- Anjani Kumar Raghuvanshi,Rajrshi Gupta,Sharad Sharma Counsel for Opposite Party :- G.A., Y,Amit Kumar Srivastava
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sharad Sharma, learned counsel for the applicant, Mr. Amit Srivastava, learned counsel for the complainant/informant, Mr. Avadhesh Kumar Shukla, learned learned A.G.A. for the State as well as perused the entire material available on record.
This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by this Bench by means of a detailed order dated 18th July, 2019 passed in Criminal Misc. Bail Application No. 19162 of 2018, a copy of which has been enclosed as Annexure-1 to the affidavit accompanying the present application.
The applicant-Gaurav Jauhari has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 694 of 2017, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Kotwali, District-Bareilly, during the pendency of the trial.
In support of this second bail application, learned counsel for the applicant has reiterated the submissions made in the first bail application, which is not necessary to mention herein. Apart from the above, learned counsel for the applicant submits that eight prosecution witnesses i.e. P.W.-1 to P.W.-8 have been examined till date, copies of which have been brought on record by means of the affidavit accompanying the present second bail application as well as the supplementary affidavit and the applicant is in jail since 7th September, 2017, therefore considering the period of detention as well as the status of the trial which is not likely to be concluded in near future, the applicant may be enlarged on bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Per contrary, learned A.G.A has opposed the prayer for bail by contending that there is good authority to hold that mere long detention in jail does not entitle a convict to be enlarged on bail pending trial. It has been held to this effect in Vijay Kumar vs. Narendra and others, reported in 2002 (9) SCC 364, Ramesh Kumar Singh vs. Jhabbar Singh and others, reported in 2004 SCC (Cri) 1067 and Girand Singh vs. State of U.P., reported in 2010 (69) ACC 39.
Learned A.G.A. has also referred to the judgment of the Apex Court rendered in the case of Rajesh Ranjan Yadav vs. CBI through its Director reported in 2007 (1) SCC 70 wherein the Apex Court has held as under:
"..........None of the decisions cited can be said to have laid down any absolute and unconditional rule about when bail should be granted by the Court and when it should not. It all depends on the facts and circumstances of each case and it cannot be said there is any absolute rule that the mere fact that the accused has undergone a long period of incarceration by itself would entitle him to be enlarged on bail".
In view of the aforesaid authority of law, learned A.G.A. states that mere long incarceration of the applicant cannot be a ground to enlarge him on bail in such a heinous offence like Section 304-B I.P.C. He, therefore, submits that the present second bail application is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicant, the learned A.G.A. for the State, upon perusal of the evidence brought on record, order 18th July, 2019 rejecting the first bail application of the applicant, authority of law mentioned herein above, the nature of the offence levelled against the applicant i.e. 498-A and 304-B I.P.C. as well as considering the fact that now other new ground has been raised on behalf of the applicant, I do not find any good reason to exercise my discretion in favour of the accused-applicant. Thus, this second bail application stands rejected.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2021 Sushil/-