Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24814 of 2016 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Mayank Yadav,Pramod Kumar Srivastava,Rajiv Sisodia,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Birendra Singh Khokher Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
This is a second bail application of the applicant in case crime No.621 of 2015, under Sections 302, 452 IPC, Police Station Baghpat, District Baghpat with a prayer to enlarge him on bail.
The first bail application No.45687 of 2015 was rejected by order dated 22.12.2015 after noticing that there were two eye witnesses of the incident, namely, Ravindra and Manju who had supported the prosecution case against the applicant.
This second bail application has been filed on the ground that two other co-accused, namely, Sandeep and Naushad, were granted bail by this Court and, apparently, similar role was attributed to them as attributed to the applicant.
As this Court was of the view that statement of eye witnesses should first be recorded, the bail application was adjourned with a request to the trial court to record the statement of the eye witnesses Ravindra Kumar and Manju.
During the pendency of this second bail application, the statement of those eye witnesses have been recorded.
Through supplementary affidavit dated 24th July, 2019, the statement of the eye witnesses Manju and Ravindra has been brought on record.
From a perusal of the statement it appears that the witnesses had supported the prosecution case as against the applicant as also the other accused though, later, in the cross examination, it is claimed that they turned hostile.
As to what value is to be attached to such a statement is in the domain of the trial court and it would not be appropriate for this Court to express any opinion on the merits of the case as it would affect the trial.
As the trial is, admittedly, at an advanced stage, this Court does not consider it appropriate to grant bail to the applicant, at this stage. The bail application is rejected. A direction is issued to the trial court to ensure conclusion of the trial, preferably, within next three months.
Information of this order shall be sent by the registry of this Court to the trial court concerned through fax as well as ordinary mode within one week from today.
Order Date :- 21.8.2019 AKShukla/-