Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. -

29915 of 2019

Applicant :- Pappu

Opposite Party :- State of U.P.

Counsel for Applicant :- Muktesh Kumar Singh,Rakesh

Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Chandra Dhari Singh,J.

Heard learned counsel for applicant, learned A.G.A. and

perused the record.

This bail application has been preferred by the accused-

applicant, Pappu, who is involved in Case Crime No. 217

of 2000, under Sections 147, 393, 332, 353, 323 I.P.C.,

P.S. Bewar, District Mainpuri.

Learned counsel for the applicant in support of his prayer

for bail submits that the applicant is innocent and he has

been falsely implicated in the present case. It is further

submitted that in the year 2000, the applicant was released

on bail by the Court below and he was regularly appearing

before the Court below and not violated any condition as

imposed by the Court below while granting bail to him. It

is further submitted that on 20.06.2005, when the matter

was listed before the Court below, applicant could not

appear and on account of non appearance of the

accused/applicant, the Court concerned had issued non-

bailable warrants against the applicant on 20.06.2005. It is

further submitted that applicant was not aware about the

non-bailalbe warrants issued against him on 20.06.2005

and due to this reason he could not appear before the Court

concerned. It is further submitted that in the present case

charge has already been framed on 12.08.2002 by the

Additional Sessions Judge/Special Judge (Dacoiti Effected

Area), Mainpuri but till today prosecution has not

produced any witness before the trial Court. It is further

submitted that applicant has been arrested on 24.02.2019

by the police. It is further submitted that applicant has no

previous criminal history and he undertakes that he be

released on bail, he will abide the conditions imposed by

this Court while granting him bail. The applicant is in jail

since 24.02.2019.

Per contra, learned Additional Government Advocate

appearing on behalf of State-respondent vehemently

opposed the bail application and submitted that applicant

is absconder and he was absconding since 2005 to till his

arrest i.e. 24.02.2019 and as he was absconding, the trial

has not been commenced, if he will again release on bail,

he will again misuse the bail condition.

In view of the facts and circumstances of the case and the

submissions made by learned counsel for both sides and

going through the record, I am of the view that applicant

has been absconding since 2005 and not surrendered

before the Court below and arrested by the police on

24.02.2019, I do not find it a fit case to enlarge the

applicant on bail who is absconding for 14 years from the

court of law.

Accordingly, the bail application is rejected.

However, Additional Sessions Judge/Special Judge

(Dacoiti Effected Area), Mainpuri is directed to expedite

the trial and conclude the same preferably within a period

of one year.

Order Date :- 25.11.2019

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