BABLOO Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This is the second bail application. The first bail application has been rejected on merit, vide order dated 3.1.2013. The only ground taken up to allow the second bail application is that the applicant is in jail since 9.8.2012 and the charge in the case has been framed but proceeding of the trial is standstill. Not only single prosecution witness has been examined so far and the order sheet maintained on the lower court record, the copy of which has been filed by way of filing supplementary-affidavit, reveals that the trial court is vacant since long but the trial is still pending there. It is a case of Section 306, I.P.C. The deceased is said to be the husband of co-accused Rukshana. He got fracture in his leg and it could not be united for long. He was rendered useless meanwhile illicit relation in between the applicant and the aforesaid Smt. Rukshana has developed and on their abetment, the deceased consumed poison as a result of which he died.

(2.) Learned A.G.A. has opposed the bail and argued that in case the presiding officer of the trial is not there and court is vacant since long then it was the duty of the accused to make transfer application before Sessions Judge concerned to get his file transferred to some other criminal court.

(3.) Be that as it may but the fact remains that the court is vacant since long. There is no progress in the trial although the applicant is in jail since 9.8.2012, to my mind, it is a fit case for bail. Let applicant, Babloo, involved in S.T. No. 1083 of 2012 arising out of Case Crime No. 140 of 2012, under Section 306, I.P.C., Police Station B.B. Nagar, District Bulandshahr, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.