The High Court allowed the bail application of Deepak Alias Manish, acquitted of planting incriminating items by coercion. The court directed the trial court to conclude the trial within one year with fortnightly reports.
Applicant released on bail with personal bond and two sureties; trial directed to conclude within one year with fortnightly reports.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22601 of 2022
Applicant :- Deepak Alias Manish Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.1171 of 2019 at Police Station-Bisarakh, District-Gautam Buddh Nagar under Sections 420, 467, 468, 471, 414 IPC. The applicant is in jail since 01.01.2021.
The bail application of the applicant was rejected by the learned Additional Sessions Judge, Court No.4, Gautam Buddh Nagar on 15.07.2021.
The following arguments made by Shri Abhishek Kumar Shukla, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:
(1). 7 iron balls, laptops and Rs.3,000/- were planted on the applicant to falsely implicate him in this case only to burnish the credential of the police authorities.
(2). Recovered items from the applicant as well as his pointing out was extracted by coercion and
made under duress when he was in police custody. (3). There is no independent witness to the recovery.
(4). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor strata of the society. He is an easy scapegoat for the police authorities who have implicated him in the said cases only to burnish their credentials. The said cases do not have any bearing on the instant bail application.
(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Deepak Alias Manish be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Considering the fact that the applicant has a long criminal history. It is appropriate in the interest of justice, the trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses also are directed to cooperate with the trial proceedings.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.
The trial judge shall submit a fortnightly report on
the progress of trial and the steps taken to ensure that the trial is concluded within the above stipulated period of time to the learned District Judge, Gautam Buddh Nagar. Order Date :- 3.1.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail application filed by the applicant should be allowed.
Whether strict timelines should be imposed on the trial court to conclude the trial.
Deepak Alias Manish
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
