Court No. - 55
Criminal Misc. Parole Bail Application No. 1675 of 2018 In Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1675 of 2018 Applicant :- Mukarram Gada Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA.
This short term bail/parole application has been moved by the applicant on the ground that he is suffering from serious mental disease and he was under treatment in different hospital in Delhi, Meerut and Muzaffar Nagar. It is stated that the trial of the case is going on and the same is on evidence stage. The instant bail application filed by the applicant could not be decided till date. The applicant is seriously ill and is not getting proper treatment in jail and his condition has become serious, he wants to his proper treatment out side the jail so that his life may be saved. Hence the applicants may be released on short term bail in Case Crime No. 04 of 2016, under Sections 302 and 120B of the Indian Penal Code, Police Station Civil Lines, District Muzaffar Nagar.
Learned AGA opposed the bail and submitted that there is a proper medical facility in the jail, in case the applicant is seriously ill and the jail authorities find that the necessary treatment is not possible in the jail, he may be sent to the hospital outside the jail for necessary treatment. It is further submitted that there is no cogent ground to release the accused on bail because the original file of bail is not annexed herewith as also date of hearing is not fixed for today. On the ground of proper treatment, it will not be proper to grant short term bail to the applicants. Hearing of the bail application is not possible today. It is further stated that there is every likelihood that in case he is released on short term bail, he may misuse it, as such, he cannot be released even on parole.
Learned AGA further argued that certified copy of FIR relating to this crime is also not filed. Hence he is unable to argue parole application.
Keeping in view of the facts and circumstances of the case and having regard to the nature and gravity of the offence as alleged against the applicants, no case for short term bail is made out. The prayer for short term bail is declined. The short term bail application is, hereby, rejected.
Order Date :- 28.5.2018 (Aniruddha Singh, J.) Sushil/-