Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31423 of 2018 Applicant :- Om Kailash Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pankaj Bharti, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.406 of 2005, under Sections 363, 366, 376 IPC, Police Station Titavi, District Muzaffar Nagar with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that the applicant is not named in the first information report. It is stated that in the statement of prosecutrix under Section 161 Cr.P.C. the allegation of rape has been made against co-accused Narendra. However, his name was introduced in the statement of the victim under Section 164 Cr.P.C. After investigation the participation of applicant was found and he was charge-sheeted. Subsequently he has been summoned to face trial under Section 319 Cr.P.C. by an order dated 23.1.2009. The said order was challenged in criminal revision in which the said order was stayed by the Court. However, it was vacated in the month of November 2016 and the applicant had no knowledge about the vacation of the stay order. It is argued that co- accused Narendra, who was the main accused, has been enlarged on bail way back in the year 2006. Lastly, it is submitted that the applicant is languishing in jail since 30.7.2018 having no criminal antecedents.
Per contra, learned AGA vehemently opposed the bail but could not point out any material to the contrary. Learned AGA also states that the applicant has criminal history to which the learned counsel for the applicant states that it has been duly explained in the affidavit.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Om Kailash, 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.
Considering the fact that the matter pertains to the year 2005 and the summoning order passed under Section 319 Cr.P.C. was stayed by this Court in the year 2009 and was vacated in 2016. Be that as it may, as the matter is very old, learned Additional Sessions Judge (FTC), Muzaffar Nagar is hereby directed to expedite the trial of Session Trial No.879 of 2017 arising out of Case Crime No.406 of 2005, under Sections 363, 366, 376 IPC, Police Station Titavi, District Muzaffar Nagar as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order. In case any hindrance is caused by the accused, the Court below will be at liberty to cancel the bail of the applicant. No unnecessary adjournment shall be granted to either of the side.
Office is directed to communicate the said order to the concerned Court within a week for its compliance.
Order Date :- 21.8.2018 Hasnain