Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17019 of 2018 Applicant :- Hansraj Ahirwar Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.,Sikandar B. Kochar Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Arun Kumar Singh, learned counsel for the applicants; Sri Sikandar B. Kochar, learned counsel for the informant as well as Sri Manoj Kumar Dwivedi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Hansraj Ahirwar with a prayer to release him on bail in Case Crime No. - 158 of 2013, under Sections - 147, 148, 149, 302 IPC, Police Station - Majhgawan, District - Hamirpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of triple murder, punishable with imprisonment upto life or death sentence;
(ii) against FIR lodged on 8.4.2013, the applicants are in confinement since 12.4.2013;
(iii) though the trial has remained pending for almost six years, it is undisputed between the parties that, at present, all witness of fact have been examined. Also, Doctor and Investigating Officer have been examined and only two formal witness of arrest remain to be examined.
4. No evidence is shown to have been received by the trial court as may require consideration for the purpose of present application. However, it does appear that the trial is nearing conclusion and, at the same time, the applicant has remained confined for more than six years.
5. In view of the above, no case is made out for grant of bail. Accordingly the bail application is rejected.
6. However, it is expected that the trial court shall make best efforts to conclude the trial, as expeditiously as possible, preferably within a period of six months from today. Also, the trial court may keep in mind the principle contained in Section 309 Cr.P.C. to ensure that the trial may be concluded within time indicated above. The parties will be at liberty to file certified copy of this order before the learned court below.
7. Needless to add, if for some reason, the trial remained pending for more than six months, despite full cooperation by the applicant, he will be at liberty to file a fresh application.
Order Date :- 26.11.2019 Prakhar