Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16800 of 2019 Applicant :- Vikas Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kapil Tyagi,Samarth Sinha Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is the second bail application. The first bail application having been rejected by this Court on 21.12.2018 on merits.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of learned counsel for the applicant is that the applicant is in jail since 06.8.2018. Learned counsel has tried to bring the notice of the Court with regard to the observations made by the Court while rejecting earlier bail application that if the trial does not get concluded within next six months he will have liberty to move another bail application. Submission is that the first bail application was rejected on 21.12.2018 and since then nearly six months have elapsed and the delay in conclusion of the trial is not attributable to the accused- applicant according to the counsel. Submission is that keeping in view the period of detention and the nature of offence involved in the matter and unlikelihood of conclusion of the trial in near future the applicant may be released on bail.
Learned A.G.A. opposed the prayer for bail but has not dispute the period of detention and has also not been disputed that the delay in conclusion of the trial is not attributable to the accused applicant.
In the aforesaid circumstances, keeping in view the nature of offences, the nature of evidence and specially keeping in perspective the period of detention already undergone and the unlikelihood of early conclusion of trial, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Vikash Kumar, involved in Case Crime No. 990 of 2018, u/ss. 380, 411 I.P.C., P.S.- Phase-III NOIDA, District- Gautam Budh Nagar, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.5.2019 Naresh