Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34063 of 2018 Applicant :- Moti Chand Yadav Alias Mahichan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Nand Pandey,Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Moti Chand Yadav Alias Mahichan in Case Crime No. 650 of 2012, under Sections 302 & 120-B I.P.C., Police Station- Bhatpar Rani, District- Deoria with the prayer to enlarge him on bail.
This is second bail application. First bail application was rejected by a coordinate Bench this Court vide an order dated 09.11.2016.
Considering the fact that the applicant was in jail since 23.11.2012 i.e. almost four years, the Court had directed the concerned court below to conclude the trial within a period of nine months from the date of production of certified copy of the order. Learned counsel for the applicant has pointed out that from the copy of the order-sheet annexed as annexure-5, the said order was filed before the concerned court on 26.11.2016. Despite specific direction, the trial court could not conclude the trial within the stipulated time of nine months as some of the witnesses are not turning up. Order-sheet also reflects that Non-Bailable Warrant and proceedings under Section 350 Cr.P.C. were also initiated against the witness, Dr. Subhlal, Medical Officer who had medically examined the deceased, on several dates yet he has not appeared before the trial court. Therefore, the applicant, who is languishing in jail since long period, may be enlarged on bail. It is stated that it would be travesty of justice and violation of fundamental right of speedy trial, if the applicant is permitted to remain under incarceration at pretrial stage.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
In view of the fact that the applicant is in jail since almost six years and the trial has not been concluded despite specific direction by the Court and taking into account the long period of detention of the applicant since 23.11.2012, I deem it to be a fit case to enlarge the applicant on bail.
Let applicant- Moti Chand Yadav Alias Mahichan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.10.2018/Vikas