Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32992 of 2017 Applicant :- Kalp Nath Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranjeet Asthana Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present third bail application seeking bail in Case Crime No. 213 of 2014, under Sections 147, 302, 354 and 354 Kha I.P.C., P.S. Mubarakpur, District Azamgarh. The first bail application of the applicant was rejected vide order of this Court dated 10.12.2014 passed in crl. misc. bail application no. 42806 of 2014 and the second bail application was rejected on 1.2.2016.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order.
The contention of the learned counsel for the applicant is that the applicant was not named in the dying declaration, a fact which has not been disputed by the learned AGA; further contention is that the applicant is in jail since 14.9.2014 and there is no likelihood of the trial been concluded at an early date, as the Court has been informed that there is 22 witnesses out of which only two have been examined till date; contention is that the witnesses are not appearing and participating in the trial in spite of the fact that NBW has been issued against them. It is further informed that the applicant is aged about 65 years and he is suffering from age related diseases.
Learned AGA has opposed the bail application of the applicant .
In view of the aforesaid facts and circumstances and also in view of the law as laid down by the Apex Court in the case of Dataram v. State of U.P.; 2018 (3) SCC 22, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Kalp Nath involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
However, it is further directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 26.7.2018 Kuldeep