Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39653 of 2017
Applicant :- Mamluk Elahi @ Bablu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav,Anuj Chaudhary,Brijesh Sahai
Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Shri S. K. Yadav, learned counsel for the applicant and learned A.G.A. for State.
2. This second bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.725 of 2016, under Sections302, 498-A, 342, IPC and 3/4 D.P. Act, Police Station-Najibabad, District-Bijnor.
3. It is contended that as per first information report, incident took place in the presence of informant and other family members of the deceased and date of said incident is 4.8.2016 yet FIR was lodged on 12.8.2016. Delay in filing FIR shows that it is an afterthought and no such incident actually has taken place. Further this court sought status report of the case from the Sessions Judge, Unnao and it is informed that charge was framed on 30.7.2018 but thereafter trial has not proceeded considerably since prosecution witnesses are not turning up despite issue of bailable warrants to prosecution witness. It also shows that delay in disposal of case is from the side of prosecution.
4. Learned A.G.A. though opposed the prayer for bail but could not place anything before this Court so as to bring any circumstance existing, justifying denial of bail to accused-applicant when he is already in jail for a long time.
5. Supreme Court in State though C.B.I. Vs. Amar Mani Tripathi 2005 (8) SCC 21 has also observed that normally bail should have been granted unless there exist circumstances/factors justifying denial thereof. Some of such circumstances have been stated as under:
"(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;
(ii) nature and gravity of the charge;
(iii) severity of the punishment in the event of conviction;
(iv) danger of accused absconding or fleeing if released on bail;
(v) character, behaviour, means, position and standing of the accused;
(vi) likelihood of the offence being repeated;
(vii) reasonable apprehension of the witnesses being tampered with; and
(viii) danger, of course, of justice being thwarted by grant of bail."
6. In Rajesh Ranjan Yadav @ Pappu Yadav vs Cbi Through Its Director, 2007 (1) SCC 70 while recognizing that personal liberty is a valuable constitutional right recognized under Article 21, Court observed that while considering question of bail, judicial approach balancing personal liberty as well as interest of the society and also other relevant factors must be observed. Court further held that personal liberty of an accused or convict is also a fundamental right but if the circumstances so justify, it can be eclipsed. The length for which an accused has remained in jail before conviction, i.e., during investigation or trial, is a relevant consideration for the reason that in case ultimately the incumbent is found not guilty, i.e. having not committed any offence, it would be a travesty of justice to keep such a person in jail for years together and denial of personal liberty in such a case though may be mitigated by awarding appropriate compensation but cannot appropriately be compensated at all. Simply because Court takes a long time in trial, it will not be justified to keep a person in jail on the ground that Court or the prosecution is not efficient enough in completing trial in a reasonably short period and the incumbent must remain in jail, even though ultimately he may be found innocent. In fact, if a person is acquitted after a long and delayed trial, though incumbent was throughout in jail, even Judicial Officer would be having a feeling of contrition facing a situation where a person has served sufficiently a long term in imprisonment though, is found innocent and ultimately acquitted. No uniform principle can be laid down since every matter would depend on the circumstances of each case and it cannot be said that a person has remained in jail for long time, for that reason alone bail must be granted, but the period during which an incumbent has been remained in jail, during investigation or trial is a relevant factor. These are certain guidelines laid down in State through C.B.I. v. Amar Mani Tripathi (supra) were reiterated in Rajesh Ranjan Yadav @ Pappu Yadav vs CBI (supra).
7. In view of above and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
8. Let applicant, Mamluk Elahi @ Bablu involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
9. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 27.9.2019 Ravi Prakash