Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33075 of 2016 Applicant :- Sanjay Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Sahai,Sanjay Kumar Pandey Counsel for Opposite Party :- G.A.,Vinay Kumar Singh Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The second bail application has been filed by the applicant in case crime No.74 of 2015, under Sections 302, 307, 504, 506 IPC, Police Station Khajani, District Gorakhpur with the prayer to enlarge him on bail.
This second bail application has been filed primarily on the ground that the applicant has suffered incarceration since 20th May, 2015 but, till date, out of 16 prosecution witnesses, only six have been examined and the trial is proceeding at a lethargic pace.
On submission of the learned counsel for the applicant, on 10.11.2017, report was called from the District Judge concerned as regards status of the trial and, subsequently, another order was passed in that regard on 27.07.2018. Pursuant to the orders of this Court, the District Judge (Incharge) has submitted a report stating that six witnesses could be examined and thereafter the presiding officer who was holding the trial had to be transferred and therefore the matter was not attended to and, now, the case has been transferred to another court which is functioning and there 16.08.2018 is the next date fixed.
The learned counsel for the applicant has sought to argue that there is material inconsistency in the statement of the prosecution witnesses who have been recorded so far during the course of the trial. However, it has not been disputed that the witnesses, who had witnessed the incident and have been recorded so far, have attributed specific role to the applicant of causing fatal injury to the deceased.
Under the circumstances, this Court does not consider it appropriate to grant bail to the applicant. The second bail application is rejected. However, it is provided that the trial court shall bring the proceeding to its logical conclusion, preferably, within a period of six months from the date of production of certified copy of this order or of receipt of information of this order from this Court, whichever is earlier, without entertaining unnecessary adjournments from the witnesses or the parties. In case the witnesses are not cooperating in conclusion of the trial, it shall not hesitate in taking coercive steps to secure their presence.
Let a copy of this order be sent to the trial court concerned through registry of this Court within a week from today.
Order Date :- 24.8.2018 AKShukla/-