Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37654 of 2017 Applicant :- Juber Beg @ Mirija Juber Beg Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Singh,Adil Jamal Counsel for Opposite Party :- G.A.,Om Prakash Rai
Hon'ble Manoj Misra,J.
This is second bail application of the applicant seeking bail in case crime no.2242 of 2014, under Sections 147, 148, 149, 323, 324 and 302/34 I.P.C., police station Loni, district Ghaziabad.
The first bail application of the applicant was rejected by this Court by a detailed order dated 18th November, 2015, passed by this Bench in bail application no.41320 of 2015.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
The second bail application has been filed on ground that during the course of trial, in the cross-examination, one of the witnesses, namely, Aftab Beg, has stated that the incident was of night and he could not notice the person who had committed crime. It has been submitted that in view of said statement of Aftab Beg, the applicant is entitled to be released on bail. More so, because he has already suffered incarceration since 23rd August, 2014.
Learned A.G.A. opposed the prayer for bail and stated that according to the instruction received by him, amongst all the prosecution witnesses statement of only Investigation Officer remains to be recorded and otherwise also Aftab Beg, who is injured witness, has supported the prosecution case against the applicant as well as other accused in his statement-in-chief. It has also been submitted that any opinion expressed on the prosecution evidence led during the course of trial would seriously prejudice the trial and, therefore, it would not be appropriate to consider the bail prayer of the applicant, at this stage, and a direction may be issued to ensure conclusion of the trial itself.
Having given thoughtful consideration to the submissions of the learned counsel for the parties, this Court is of the view that interest of justice would be served if a direction is issued upon the trial Court to ensure conclusion of trial within a period of three months from the date of production of certified copy of this order before it after ensuring/securing the presence of the witnesses if they are yet to be examined. It is also observed that to ensure and secure the presence of witnesses, the Court should not hesitate in taking coercive steps if the witnesses are not cooperating. Accordingly, the bail prayer is rejected and the bail application is disposed off with direction upon the trial Court to expeditiously conclude the trail preferably within a period of three months.
Let a copy of this order be sent to the trial Court concerned through Registry of this Court.
Order Date :- 27.2.2018. Rks.