Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57386 of 2019 Applicant :- Tekraj Opposite Party :- State of U.P.
Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over second bail application moved by applicant, Tekraj in Case Crime No. 574 of 2012, under Section 304 IPC, Police Station-Gambhirpur, District-Azamgarh.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 26.12.2012.; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. First bail application was rejected vide order dated 5.6.2017; additional ground for this second bail application is that this Court had directed to conclude trial, as early as possible, without granting any unnecessary adjournment to either of the side vide order dated 5.6.2017 and it was written in this order that trial was under final stage, but even after lapse of four years, trial could not be concluded; applicant is languishing in jail more than 08 years and about 09 years had been under incarceration and charge-sheet is for offence punishable under Section 304 IPC, hence, without trial, applicant has suffered 09 years in jail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose above factual aspects; Section 309 Cr.P.C. mandates trial of session case on day to day basis and in case adjournment, a reasoned ground is to be given, but certified copy of the ordersheet filed by way of supplementary affidavit reveals that trial court had not adhered provision of Section 309 Cr.P.C. nor direction of this Court given vide order dated 5.6.2017 in Crl. Misc. Bail Application no. 32739 of 2013.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Tekraj, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.10.2021 Dhirendra/