Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present third bail application has been filed on behalf of the applicant in Case Crime No.0486 of 2013, under Sections 272/328/304 IPC, Police Station Kotwali Amethi, District Amethi, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person, he has been falsely implicated in the case.
Learned Counsel for the applicant submitted that it is the third bail application. The first bail application bearing Bail No. 7056 of 2013 was rejected by this Court vide order dated 25.03.2014 and the second bail application bearing Bail No. 8743 of 2015 was rejected by this Court vide order dated 03.03.2016.
He further submitted that the applicant is about 72 years old and is in jail since 16.08.2013, but till date the trial has not been concluded. As such looking into the age of the applicant as also the period of incarceration, the applicant may be enlarged on bail and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial. Prayer is to allow the application for bail.
Learned A.G.A. has opposed the prayer for grant of bail, however could not dispute the aforesaid fact that trial has not yet been concluded and all the witnesses have not been examined before the trial court, which is also evident from report dated 24.08.2021 submitted before this Court by the concerned Court in compliance of order dated 13.08.2021.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances and keeping in mind the age of the applicant and period of incarceration and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Kamta Prasad Jaiswal be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.8.2021 Jyoti/-