Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30683
of 2019
Applicant :- Raju Paswan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghawendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Raghawendra Singh, learned counsel for the applicant, Sri Om Prakash Mishra, learned counsel for the State and perused the material on record.
Learned counsel for the applicant submits that the applicant has been granted bail on 26.02.2010 by the court below but he could not appear before the court below since 15.05.2018 due unavoidable circumstances, which have satisfactorily been explained in paragraph no. 8 of the affidavit accompanying the present bail application.
Learned counsel for the applicant has placed forth the circumstances under which the accused-applicant could not appear before the court when he was required and as a result of which his bail got cancelled. It has been submitted that henceforth no default shall be committed by the accused and he is prepared to give an undertaking that he shall faithfully make himself available to the court on each and every date. It has also been pointed out that the accused is not having any criminal history and he is in jail since 19.12.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail, but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
After perusing the record in the light of the submissions made at the bar with regard to explanation offered by the accused for his default and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Raju Paswan, involved in Case Crime No 49 of 2010, in Session Trial No.263 of 2013, under Section 272 I.P.C. and Section 60 Excise Act, Police Station-Bairiya, District-Ballia be released on bail on his executing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(i) The applicant shall not tamper with the prosecution evidence;
(ii) The applicant shall not pressurize the prosecution witnesses;
(iii) The applicant shall personally appear on the dates fixed by the trial court.
(iv) The applicant shall personally appear once in the first week of every month in the concerned Police Station for a period of two years. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
In case of default of compliance with condition no.(iii) enumerated above, the order granting bail shall stand cancelled automatically and the court concerned shall issue non bailable warrant in order to get the applicant arrested and lodge him in jail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.iv as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. iv provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Order Date :- 31.7.2019 JK Yadav