Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26350 of 2016 Applicant :- Sukhnath Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Sagar Ram Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 43 of 2000, under Sections 302 and 307 I.P.C., P.S. Bakhira, District- Sant Kabir Nagar and is in jail since 25.02.2007, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that although the applicant is languishing in jail for the last 11 years but his trial has not made any progress and hence the applicant who has no criminal antecedents to his credit and is in jail since 25.02.2007, is entitled to be released on bail during the pendency of his trial.
Per contra learned A.G.A. opposed the prayer for bail and submitted that the applicant's trial could not commence as the record of the Session Trial in which co-accused, Ram Prakash @ Ghamaloo was tried and convicted for life imprisonment, has been remitted to this Court and in the absence of the original record, his trial could not be completed.
Considering the submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of his trial.
Let the applicant, Sukhnath Chaudhary be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 43 of 2000, under Sections 302 and 307 I.P.C., P.S. Bakhira, District-Sant Kabir Nagar, subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the informant is free to move an application for cancellation of bail before this Court.
It is directed that the aforesaid case crime number pending before the concerned court below be decided as expeditiously as possible preferably within a period of three months from the date of receipt of the lower court record and in view of the principle as has been laid down in the judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
The Registry is directed to remit the lower court record to the concerned trial court within four weeks after making xerox copy of the lower court record which shall be kept in the record room of this Court. After the trial of the applicant is concluded, the lower court record shall be immediately remitted to this Court.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 7.9.2018 SA