This is fifth bail application moved on behalf of the applicant. First bail application has been rejected as not pressed vide order dated 28.05.2015 passed in Bail No.1035 of 2015, second bail application has been rejected on merits vide order dated 06.05.2016 passed in Bail No.7273 of 2015, third bail application has been rejected on merits vide order dated 30.01.2018 passed in Bail No.8463 of 2017 and fourth bail application has been rejected as not pressed vide order dated 27.05.2019 passed in Bail No.2338 of 2019.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that accused applicant has falsely been implicated in the present case. It is further submitted that all the witnesses related to the facts of the incident have been examined in the trial court. In earlier bail applications, this Court directed the trial court to conclude the trial expeditiously within a period of six months twice and finally three months, but the trial has not been concluded till date. The accused applicant is languishing in jail since 03.06.2014. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts that the trial is not proceeding even after number of directions of this Court, the applicant is entitled to be released on bail in this case.
Let the applicant involved in Case Crime No.254 of 2014, under Sections 307, 302, 504 I.P.C., Police Station - Chowk, District - Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 19.1.2021 Anupam S/-