Criminal bail application allowed pursuant to part parity and duration of custody. Applicant ordered to release on personal bond with two sureties directing expedited trial and spirit witness production.
Released on bail with personal bond and two sureties. Trial to be expedited.
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Neutral Citation No. - 2024:AHC-LKO:23709
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2554 of 2024
Applicant :- Ajeet Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lucknow Counsel for Applicant :- Vineet Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.681 of 2020, under Section 498A, 302 IPC, P.S. Shahbad, District Hardoi.
3. Learned counsel for the applicant argues that the role assigned to the applicant in the FIR and in terms of the dying declaration was similar to the co-accused Smt. Rajni who was enlarged on bail vide order dated 08.02.2024. While passing the said order, the Court had taken into account the fact that the Naib Tehsildar before whom the dying declaration was recorded was not arrayed as a prosecution witness, the applicant was a lady and was in custody since 29.12.2020 and only two of the witnesses have been examined so far.
4. Learned counsel for the applicant argues that till date four witnesses have been examined and there is no likelihood of the trial being concluded in the near future and the applicant is in custody since 29.12.2020 having no criminal antecedents.
5. Learned AGA has opposed the bail application.
6. Considering and adopting the reasoning as contained in the order dated 08.02.2024 and prima-facie finding that although the name of the applicant surfaces in the dying declaration, he has spent more than three and a half year in custody, he has no criminal antecedents and there is no likelihood of the trial being concluded in the near future, as such, on the ground of part parity, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Ajeet be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. However, it is directed that the trial shall be expedited without giving any unnecessary adjournments to any of the parties and the Superintendent of Police, Hardoi shall ensure that the witnesses are produced before the trial Court without any delay.
Order Date :- 19.3.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail considering part parity with co-accused and length of custody.
Whether the trial and investigation must be expedited in light of delay.
Ajeet
State Of U.P. Thru. Secy. Home Deptt. Lucknow
Pankaj Bhatia
Nishant
As recorded by the court registry
3 orders share this CNR
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