KALIKA PRASAD SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Sahay, J. This is the fifth bail application on behalf of the accused/ applicant Kalika Prasad Shukla, who is lacing trial in the Court of Judicial Magistrate, Faizabad in connection with Case Crime No. 274 of 1986, under Section 409/420, I. P. C. of P. S. Cant District Faizabad. The allegations against the accused are that the along with certain other persons had commit ted embezzlement in respect of several lakhs of rupees.

(2.) ACCORDING to the submissions made by the learned counsel for the parties in this matter, it appears that the first application was rejected on July 1, 1987. The order dated July 1, 1987 shows that the application was rejected with the remark that if the trial does not commence within six months as also when the trial is about to commence, whichever is earlier the applicant will be at liberty to apply for bail. The second bail application was rejected on October, 20, 1987. It was observed in the said order that there was no new point on merits in the case. The emphasis by the learned counsel for the applicant was that the applicant will be prejudiced in the matter of his defence, if he is continued to stay in Jail. The contention of the opposite party was that a huge amount is involved, so there is every chance of the applicant absconding. The application for bail was rejected with the direction that the trial court shall commence the recording of evidence as early as possible. The third bail application was rejected on December 15, 1988 again on the basis that no new ground has arisen. The learned Magistrate was, however, directed to ensure expeditious disposal of the case and the learned Sessions Judge was also directed to keep a watch over the expeditious disposal of the case. The learned counsel for the accused has stated that the fourth bail application was not pressed and hence it was rejected on October 29, 1991.

(3.) IT is equally true that the charge against the accused is very serious and while granting or refusing bail one of the considerations which should weigh in the mind of the Court is that the accused shall not abscond and shall always be available for trial and receiving the judicial verdict. While it is true that in view of the nature of the allegations, the prospensity of human being will ordinarily to be run away, that cannot be said to be true in all cases. So what is necessary is that adequate safegard should be provided.