Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41387 of 2018 Applicant :- Shahjad Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Shahjad, who is involved in Case Crime No. 54 of 2007 [S.T. No. 709 of 2007], under Sections 147, 148, 149, 302, 504, 506 I.P.C.
P.S.- Chandausa, District- Aligarh.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant was on bail. The applicant is suffering from blood cancer. His treatment is going on. The applicant was appearing before the court below on each and every dates fixed by the court below. It is further submitted that 20.01.2017 was the date fixed before the court and on that day due to serious illness applicant could not appear before the court below and hence non bailable warrants were issued against the applicant. The applicant is in jail since 24.01.2018.
Learned Additional Government Advocate vehemently opposed the contentions raised on behalf of the applicant and submitted that the applicant is absconding since 20.01.2017 and due to this reason non bailable warrants were issued against the applicant. Despite issuance of non bailable warrants, applicant could not appear before the court below, therefore, the proceedings under sections 82/83 Cr.P.C. have been initiated against the applicant for procuring his arrest. The applicant has been arrested on 24.01.2018 and since then he is in jail. He further submitted that the applicant is a absconder one, hence he does not deserve to be released on bail.
Considering the facts and circumstances of the case, nature of offence and punishment provided therefor, I do not find any ground to release the applicant on bail. Hence, the bail application of the applicant is rejected.
However, considering the detention of the applicant in jail, the court below is directed to expedite the proceedings of S.T. No. 709 of 2007 and try to conclude it expeditiously, preferably within a period of six months from the date a certified copy of this order is produced before it.
Order Date :- 31.10.2018 Prajapati [Chandra Dhari Singh, J]