Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5006 of 2018 Applicant :- Rahul @ Moni Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This is the fourth bail application.
The contention is that the first bail application was rejected on 05.01.2016 with the direction to the court concerned to conclude the trial within a period of one year. The second bail application was rejected on 24.08.2016 for want of prosecution. The third bail application was rejected on 20.03.2017 with a further direction to the court concerned to conclude the trial within a period of eight months. It has been informed that the trial has not yet been concluded and the applicant is in jail since 02.11.2014.
Ms. Sanyukta Singh, learned AGA has strongly opposed the bail application.
Looking to the gravity of the offence, I am not inclined to grant bail to the applicant. However considering the fact that the applicant is in jail since 02.11.2014 with no previous criminal history and it is not disputed by the learned A.G.A., he cannot be further incarcerated into jail for the reason that the trial court is not in a position to conclude the trial expeditiously, which is one of the fundamental rights under Article 21 of the Constitution of India. To incarcerate an accused for an unlimited period at a pre trial stage without his trial being concluded expeditiously as has been mandated under section 309 Cr.P.C. will not be in the interest of justice. However be that as it may, I consider it appropriate to release the applicant on short term bail/parole for a period of six months starting from 03.08.2018. Accused-applicant shall be released on short term bail/parole on his furnishing a personal bond of Rs. two lacs with two solvent sureties each of Rs. two lacs in the like amount to the trial court concerned on the said date.
Both the sureties shall be his family members and/or relatives.
Accused-applicant is directed to surrender before trial court on 02.02.2019.
The bail application shall come up for orders on 11.02.2019 after expiry of six months.
Meanwhile learned trial Judge is directed to conclude the trial within the intervening period.
In the event trial is concluded interregnum and the applicant is acquitted, applicant need not surrender and in that eventuality, he is directed to file an affidavit along with certified copy of the judgment of the trial Judge before this Court.
It is further being made clear that in case the trial is concluded interregnum and the same ends in a conviction, the applicant shall immediately be taken into custody in accordance with law and notwithstanding anything contained in this order.
Order Date :- 27.7.2018 Abhishek/V.S. Singh