Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22424 of 2019 Applicant :- Harendra Malik @ Feru Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Misra,Abhishek Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Viresh Mishra, learned Senior Advocate, assisted by Sri Abhishek Kumar, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Harendra Malik @ Feru seeks bail in S.T. No. 491 of 2013 (State Versus Harendra and others) arising out of Case Crime No.458 of 2013, under Sections 302, 504, 34 and 120-B IPC, Police Station Baghpat, District Baghpat, with the prayer to release him on bail.
This is third bail application. The first bail was rejected by Hon.
V.K. Shukla, J. on merits, thereafter, the second bail application was rejected by this Court.
The third bail application has been moved on the ground that the applicant is in jail since 23.08.2013. Therefore, the applicant may be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
As per the certified copy of the order-sheet of trial court annexed along with supplementary affidavit filed today, it transpires that evidence of defence witness is being recorded and examination-in-chief of DW 3 was recorded and the case was fixed for cross-examination of DW 3 on 24.07.2019. In my opinion, as the trial of the applicant against whom there is direct allegation of assaulting deceased, it would not be proper to release the applicant on bail, especially when the trial is at its fag end.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The third application for bail moved on behalf of the applicant is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 23.08.2013, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law on day-to-day basis without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of three months from the date of production of a certified copy of this order, if there is no legal impediment.
The office is directed to communicate a copy of this order to the trial court concerned within a week for ensuring its compliance.
Order Date :- 25.7.2019 MN/-