Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19699 of 2017 Applicant :- Parvindar Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Singh Yadav Counsel for Opposite Party :- G.A.,Anjit Kumar,Vikash Chandra Tiwari
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State; Sri Yogendra Kumar Sonkar holding brief of Sri Vikas Chandra Tiwari; and perused the record.
This is a second bail application of the applicant in case crime No. 552 of 2015 (Session Trial No. 197 of 2016), under Sections 302, 452 I.P.C. and section 3(2)5 SC/ST Act, police station Bisrikh, District- Gautambudh Nagar with the prayer to enlarge him on bail.
The second bail application has been filed primarily on the ground that in the statement of the prosecution witnesses, involvement of other persons have also been disclosed and therefore there appears improvement in the prosecution case and since the applicant has already suffered incarceration since 2015, he is entitled to be released on bail.
Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail and has submitted that the complicity of the applicant is clearly disclosed from the statement of the prosecution witnesses and therefore it is not a fit case where bail should be granted, pending trial, because dealing with the merits of the prosecution case, at this stage, would prejudice the trial.
I have given thoughtful consideration to the submissions of the learned counsel for the parties.
This court finds no new ground to grant bail to the applicant on this second bail application. The second bail application is rejected.
However, it is observed that the trial court shall ensure expeditious conclusion of the trial by ensuring/securing the presence of the witnesses and not hesitating in taking coercive steps to secure their presence, if they do not cooperate in the trial.
Let a copy of this order be communicated to the trial court for compliance.
Order Date :- 23.2.2018 Sunil Kr Tiwari