Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4057 of 2019 Applicant :- Ramvilas Opposite Party :- State Of U.P.
Counsel for Applicant :- Maya Pati Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ramvilas seeking bail in Case Crime No. 91 of 2000, under Sections 2/3(1) of U.P. Gangster Act, Police Station G.R.P. Ballia, District Ballia.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant was released on bail vide order dated 18.12.2000 and thereafter, he absconded and did not appear before the Trial Court since 06.06.2003, as such, trial is lingering on for the last 15 years.
Learned counsel for the applicant has next submitted that the applicant is in jail since 08.02.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means Per contra, learned AGA has opposed the prayer for bail and has submitted that for the last 15 years, applicant had absconded and misused the privilege of bail, as such, no ground for releasing him on bail is made out.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, I do not find it is a fit case for bail. The bail application is accordingly rejected.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of 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) 2004, if there is no legal impediment.
Order Date :- 29.1.2019 Nadim