Reserved
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18184 of 2018 Applicant :- Mangal Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava,Suresh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
1. Heard Sri Prakash Chandra Srivastava, learned counsel for the applicant and Sri J.B. Singh, learned A.G.A. appearing on behalf of the State.
2. This is second bail application on behalf of the applicant, Mangal Kumar Yadav, who is in jail since 09.06.2017, in Case Crime No. 327 of 2017, under Sections 323, 506, 376, 366 IPC, Police Station Khutahan, District Jaunpur.
3. The first bail application was rejected by this Court vide order dated 05.02.2018 considering the nature of the allegations, gravity of offence as also the fact that the crime is one against women that has become order of the day, the evidence appearing in the case at this stage without expression of opinion on merits. The application too was rejected at this stage vide order dated 05.02.2018 passed in the first bail application being Criminal Misc. Bail Application No.29615 of 2017. It was further directed that proceedings of the trial court be expedited looking to the period of detention and be concluded expeditiously as early as possible preferably within six months from the date of receipt of the certified copy of the order dated 05.02.2018 in accordance with Section 309 Cr.P.C. and the law laid down by the Hon'ble Court in Vinod Kumar vs. State of Punjab, 2015(3) SCC 220. It was also directed that in case witnesses do not appear the trial court shall initiate necessary coercive measures to ensure their presence positively.
4. Upon consideration of the grounds urged in support of the present bail application, which this Court has carefully considered, this Court does not find any fresh ground at this stage to grant bail. There is no such change in circumstances which may entitle the applicant to the liberty of bail pending trial in an offence of such heinous nature, particularly, when the case is set down for trial and not even one witness appears to have been examined as yet.
5. Accordingly, this second bail application stands rejected, again at this stage.
6. This Court vide order dated 30.05.2018 asked the Trial Court to issue immediate coercive processes to ensure the presence of prosecution witnesses and once witnesses appeared, it was ordered that they will not be discharged till their evidence is concluded. The Superintendent of Police, Jaunpur was also directed to execute processes issued by the Trial Court.
7. The order was directed to be communicated both to the Trial Court and the Superintendent of Police, Jaunpur within 3 days by the office. The order was duly communicated both to the Trial Court through the District and Sessions Judge, Jaunpur and to the Superintendent of Police, Jaunpur as would appear from the office report dated 05.07.2018, but no compliance report was received till 06.07.2018. Lateron, a compliance report was received from the Additional Sessions Judge/ Fast Track Court-1st, Jaunpur through the District and Sessions Judge, Jaunpur submitted to the Registrar General of this Court. The report is one dated 12.07.2018. The material part of the report reads as as under (in Hindi vernacular):-
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8. To say the least, this Court does not find that the Trial Court has at all done anything to comply either with the order expediting proceedings of the trial passed on 05.02.2018 in Criminal Misc. Bail Application no.29615 of 2017 or the order dated 30.05.2018 passed in the present bail application.
9. Looking to the fact that the applicant is in jail deprived of his liberty pending trial and not even one witness has been examined, it is ordered that the Trial Court will now proceed with the trial on day- to-day basis and will summon the witnesses by issuing of immediate coercive processes which the Superintendent of Police, Jaunpur shall execute faithfully by producing witnesses in court on the appointed date. The trial in all eventualities shall now be completed within the next three months.
Order Date :- 21.8.2018 Anoop