Allahabad High Court
Deepak Bhati vs State Of U.P. on 31 January, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57215 of 2019 Applicant :- Deepak Bhati Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.,Nipun Singh Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Nipun Singh, learned counsel for the informant and learned A.G.A. for the State.
This is a fourth bail application of applicant. After dismissal of three bail applications, he approached the Apex Court and by the order dated 25.09.2018 the Apex Court dismissed the Petition for Special Leave to Appeal (Crl.) for bail but granted liberty to the petitioner to pray for bail before the appropriate court after one year. Since the trial was not concluded, applicant moved the application before trial court after a year, which has been rejected by order dated 25.10.2019. Before the Trial Court out of 16 witnesses only 8 witnesses have been examined and 8 witnesses are required to be examined. It has been further submitted that the trial is not likely to be concluded in near future. It is a case of circumstantial evidence and only after trial is concluded and the prosecution succeeds in completing the chain of events, the applicant would be convicted. The applicant is in jail since 26.01.2017.
Learned AGA and Sri Nipun Singh, learned counsel for the informant have vehmently opposed the prayer for bail.Sri Nipun Singh, leaned counsel for the informant, has stated that the applicant did not brought on record the order of the Apex Court before the Trial Court. This Court has already directed the trial Court to conclude the trial within one year.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Deepak Bhati, involved in Case Crime No.06 of 2017, under Sections 302/34 IPC, Police Station Knowledge Park, District- Gautam Budh Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Keeping in view all the facts of the case, it is expected that the trial court shall comply the order of this court and the Apex Court while proceeding with the trial further.
Order Date :- 31.1.2020/SS