Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19779 of 2015 Applicant :- Veer Bhandari @ Jaivir Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Upadhyay, Kamlesh Kumar Dwivedi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard Sri Kamlesh Kumar Dwivedi, 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- Veer Bhandari @ Jaivir in Case Crime No. 136 of 2012, under Sections 394, 302, 411 I.P.C., Police Station- Fatehabad, District- Agra 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. It is next contended that the applicant is not named in the first information report. He states that he has already obtained certified copy of the order-sheet of the trial. As the daughter of the applicant is getting married, she is not coming to the Court for swearing the affidavit.
Be that as it may, the certified copy of the order-sheet from 16.8.2012 till 8.2.2019 is taken on record.
It has been argued by leanred counsel for the applicant that the F.I.R. was lodged against three unknown miscreants who had looted the wife of first informant and resorted to firing on account of which the daughter of the first informant sustained injuries and died. The jewellery and other valuables were looted by the miscreants. The applicant was arrested during investigation and some jewellery were recovered from his possession, however, the same was not even put for identification by the first informant. It has been stated in the affidavit that no identification is held as required by law. Lastly, it is contended that till date statement of PW-1 is being recorded and and he is not cooperating with the trial, therefore, bailable warrants were also issued against him. He further submits that after his arrest in the present case, the police has foisted two more cases on him. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 7.5.2012, 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- Veer Bhandari @ Jaivir be released on bail in the aforesaid case crime number on his furnishing a personal bond and two 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 applicant is languishing in jail since 7.5.2012, the trial court is directed to expedite the trial of aforesaid case 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.
Order Date :- 27.2.2019 Vikas