Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29603 of 2021 Applicant :- Kapil Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,Manish Tandon Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed by learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No.300 of 2007, under Sections 147, 148, 149, 307, 302 IPC, P.S. Dibiyapur, District Auraiya with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that earlier the applicant was granted bail by this Court vide order dated 09.01.2014, passed in Criminal Misc. Bail Application No. 862 of 2014, however, the said bail was cancelled by the Hon'ble Apex Court vide order dated 31.08.2015, passed in Special Leave Petition to Appeal (Crl.) No(s). 3842 of 2014. It has also been pointed out that thereafter the second bail application of the applicant was also rejected by this Court vide order dated 05.12.2019 and an S.L.P. against that order has also been dismissed and thereafter, applicant has moved a fresh application before the Trial Court, which has also been rejected by the court below vide order dated 20.05.2021. Learned counsel has submitted that now applicant is languishing in jail since 23.08.2016 and before that also he has remained in judicial custody for about two years. Learned counsel has submitted that now the applicant has already undergone a period of six and a half years in judicial custody but not a single witness has been examined so far. It was also pointed out that co-accused persons have already been granted bail by this Court.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in FIR and that there are serious allegations against him. It has been submitted that earlier bail granted by this court to the applicant was cancelled by Hon'ble Apex Court and thereafter, second bail application of applicant has also been rejected by this Court and that S.L.P. against that order has also been dismissed and thus, in view of these facts and circumstances of the case, no case for bail is made out.
Perusal of record shows that though it has been stated that this is first bail application, as this bail application has been filed after rejection of second bail application of applicant by the trial court by order dated 20.05.2021, however, in fact it is third bail application of applicant before this Court in this case. It further transpires that earlier applicant was granted bail in this case by this Court vide order dated 09.01.2014 but that bail was cancelled by Hon'ble Apex Court vide order dated 31.08.2015. Thereafter, second bail application of applicant was rejected by this Court vide order dated 05.12.2019. It was also stated that an S.L.P. was filed against order but that has also been dismissed. It may be observed here that merits of the matter have already been considered while deciding the first and second bail applications of applicant. After rejection of second bail application of applicant by this Court vide order dated 05.12.2019, it has been submitted that a period of about one year and ten months has passed since then but not a single witness has been examined so far. In this connection, it would be relevant to mention here that in the year 2020 and in some months of 2021, the courts have not taken up regular pending matters due to Covid-19 impact.
Considering the submissions of learned counsel for the parties as well as all attending facts of the case, including the fact that bail granted to applicant was earlier cancelled by the Hon'ble Apex Court and thereafter the second bail application of applicant has already been rejected, no case for bail is made out. Hence, the bail application of applicant Kapil Tiwari is hereby rejected.
However, keeping in view of period of incarceration of applicant, the trial court is directed to expedite the trial and to decide the same as early as possible from the date of filing a copy of this order, if there is no legal impediment.
Order Date :- 25.10.2021 Neeraj