Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. -

32886 of 2019

Applicant :- Akbar

Opposite Party :- State of U.P.

Counsel for Applicant :- Pradeep Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

and perused the record.

The bail application under Section 439 Cr.P.C. has been

moved by the applicant - Akbar to enlarge him on bail in

Case Crime No. 147 of 2016 under Sections 395, 396, 397

and 412 I.P.C. Police Station Mahavan, District Mathura.

It is submitted by the learned counsel for the applicant that

this is the third bail application of the applicant. The first

bail application was rejected on 25.01.2017. The second

bail application was rejected on 30.03.2018 and the trial

court was directed to expedite the trial and conclude it

within a period of one year from the date of production of

a certified copy of the order before the trial court. The

copy of the order was supplied to the trial court on

28.06.2018 and since then the trial is pending and not even

a single witness has been examined yet. The order sheet

upto 27.08.2021 is appended with the paper book. The

order sheet upto 25.05.2022 has been supplied to the court

by the learned counsel for the applicant for its perusal. Co-

accused Samir @ Samira @ Thakedaar, Islam, Khalil are

said to be released on bail earlier.

It is further submitted by the learned counsel for the

applicant that the first bail application was rejected on the

ground that he was previously a life convict in S.T. No.

185 of 2000, wherein vide order dated 04.08.2014 he had

already been granted bail in that case. The incident is dated

05.05.2016. The applicant is languishing in jail since

14.05.2016. Hence, prayer for bail is made.

Learned A.G.A. has opposed the bail application and

submitted that the present applicant is having criminal

history of eight cases, though, he has admitted that out of

eight cases, the applicant is on bail in seven cases.

From perusal of the record, it is found that this is the third

bail application of the applicant. The FIR is registered

against the unknown persons, the names of the accused

persons came into light when they were arrested on the

information of the informer, along with present applicant.

Illegal weapons are said to have been recovered from

them. From the possession of the present applicant also, a

country made pistol is said to have been recovered. The

criminal history of eight cases has been explained that in

seven cases out of eight cases the applicant is on bail.

Even after direction of this court dated 30.03.2018 the trial

court has not recorded the statement of even a single

witness.

After perusing the record in the light of the submissions

made at bar and taking an overall view of all the facts and

circumstances of this case, the nature of accusations,

severity of punishment in case of conviction, the period of

detention already undergone, the unlikelihood of early

conclusion of trial without commenting on the merits of

the case, this Court is of the view that the applicant may be

enlarged on bail.

The bail application is allowed.

Let the applicant Akbar s/o Raghuvir involved in Case

Crime No. 147 of 2016 under Sections 395, 396, 397 and

412 I.P.C. Police Station Mahavan, District Mathura be

released on bail on his furnishing personal bonds and two

sureties each in the like amount to the satisfaction of the

court concerned subject to the following conditions:-

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the

prosecution witnesses and will co-operate in the trial.

4. The applicant will appear regularly on each and every

date fixed by the trial court unless his personal appearance

is exempted through counsel by the court concerned.

In case of breach of any conditions mentioned a