HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 2495 of 2014 Applicant :- Mr.Kewal Singh (Second Bail) Opposite Party :- State Of U.P. Counsel for Applicant :- Abhay Kumar Saxena Counsel for Opposite Party :- Govt.Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Abhay Kumar Saxena, learned counsel for the applicant and Sri Alok Kumar Mathur, learned A.G.A. appearing for the State and perused the record.
This is the second bail application on behalf of the applicant. First bail application of the applicant has been rejected by Hon'ble Rajesh Chandra, J. vide order dated 14.9.2009.
The new ground which has been argued by the learned counsel for the applicant is that though it is a double murder case but the applicant along with his two daughter-in-law and two sons has been falsely implicated in the present case. The two sons of the applicant are already confined in jail. He submits that the case of the applicant may be considered on compassionate ground as at present the applicant is aged about 73 years and is suffering from various old age ailments, the said fact has been mentioned in para-12 of the accompanying affidavit. He submits that till date only two prosecution witnesses have been examined by the trial court and many more witnesses are yet to be examined. The applicant has no other reported criminal antecedent. The applicant is in jail since 15.12.2008.
Taking into account the said argument of learned counsel for the applicant, this Court vide order dated 30.4.2015 has directed the Superintendent Jail to submit a report regarding the age and physical health and condition of the applicant and further he was directed to file his personal affidavit regarding the same vide order dated 1.5.2015 failing which he was directed to appear in person before this Court.
Sri Alok Mohan Upadhyay, learned A.G.A. states that as per his instructions, the age of the applicant is 72 years and he is suffering from various old age ailments.
From a perusal of the record, it appears that a report has been received by this Court from C.J.M. Hardoi along with the report of the Superintendent of Jail, Hardoi dated 6.5.2015 along with report of the Medical Officer of Jail dated 4.5.2015 wherein the age of the applicant is shown as 72 years and is suffering from various old age ailments.
Taking into account the old age and ailments of the applicant, the court grants him indulgence for bail.
Let the applicant Mr. Kewal Singh involved in Case Crime No. 1143 of 2008 under Sections 147, 148, 149, 302, 504, 506 I.P.C. and 7 Crl. Law Amendment Act and 3 (2) (V) S.C./S.T. Act, police station Sandeela, District Hardoi be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.
(iv) 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
It is made clear that the present order granting bail to the applicant shall not be treated as parity to other co-accused persons, who are his two sons as the same has been granted to him taking into account his age and ailments only.
Order Date :- 15.5.2015 shiraz