Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3972 of 2019 Applicant :- Sudesh Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Anjani Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anjani Kumar Dubey, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Sudesh Kumar Yadav in Case Crime No. 321 of 2010, under Section 25 of Arms Act, Police Station- Talgram, District- Kannauj with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case under Section 25 of Arms Act and he was granted bail by lower court but due to serious ailment he could not appear before the court and ultimately surrendered in they year 2016. The reasons for his absconding have been duly explained. He further submits that in a case under Section 302 I.P.C. also the applicant could not appear before the court during trial in which he has been granted bail by an order dated 21.2.2018 passed in Criminal Misc. Bail Application No.16137 of 2017. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 14.7.2016, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Sudesh Kumar Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
However, considering the fact that the matter relates to the year 2010, the Special Session Judge (Dacoity Affected Areas)/ADJ-III, Kannauj is directed to expedite the trial of S.S.T. No.460 of 2010 and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
The applicant is hereby directed that he shall file an undertaking that he will appear on each and every date fixed by the trial court, in case of default, his bail may be cancelled and he will be taken into custody.
Office is directed to communicate the order to the court below concerned within 72 hours.
Order Date :- 29.1.2019 Vikas