Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13668 of 2018 Applicant :- Imran Opposite Party :- State Of U.P.
Counsel for Applicant :- Ugrasen Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
This is second bail application. First Criminal Misc. Bail Application No. 15593 of 2016 was rejected on merit by Co- ordinate Bench of this Court on 7.3.2017.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 23.2.2015(about four years and six months). Criminal history of ten cases have been explained. He has been falsely implicated. There is no possibility to get this case decided in near future. Inspite of rejection order on 7.3.2017 by this Court, the trial Court was unable to decide the case. There is no independent witness. Nothing was stated by witness ( Surendra) against the applicant in the evidence recorded before the trial Court. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA submitted that applicant has ten cases including under section 395 IPC. The applicant is the prime accused as deceased was done to death by opening fire at him. Role of applicant is not identical to other co-accused who have been enlarged on bail. Hence, the applicant is not entitled to bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Imran involved in Case Crime No.115 of 2015, under Section 302, 396, 412, 307, 323 read with section 34 IPC, Police Station Adampur, District Amroha is hereby rejected.
Court concerned is directed to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment. District Judge, Amroha is directed to monitor the case in the monthly meeting of Monitoring Cell.
SP/SSP, Amroha and District Magistrate, Amroha are directed to ensure presence of witnesses summoned by the Court concerned.
It is very unfortunate that the applicant is languishing in jail since 23.2.2015(about four years and six months) but the trial has not concluded the trial till date. Court concerned is also directed to send quarterly status report to the High Court which shall be kept on record.
Let copy of this order be sent to the SP/SSP, Amroha, District Magistrate, Amroha and the Court concerned within a week by fax, e-mail and speed post for compliance.
Order Date :- 22.8.2019 P.P.