MAHESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a second bail application by applicant Mahesh son of Murari Lal in Crime Case No. 303 of 1992 under Sec. 302, I.P.C. P.S. Gajraula, district Moradabad. The co-accused Ramesh, Sunil and Kishan Kumar have already been bailed out. The present applicant is in jail for last about three years but the learned Additional Session Judge has not be been able to examine the eyewitnesses despite several adjournments during last year. This Court had directed on Jan. 17, 1995 to the learned Additional Session Judge concerned to record the evidence of the prosecution witnesses and also to administer warning to other co-accused persons on bail to attend the proceedings failing which the cancellation of their bail will be considered. It appears that not only the co-accused have been defaulting, the prosecution has also repeatedly failed to produce the witnesses and several adjournments have been sought by the prosecution itself. Not only this, the office of the Additional Sessions Judge has also committed fault in not sending the direction to the Superintendent Jail to produce the applicant Mahesh on the date of evidence before the court concerned. Of course strikes by lawyers have also necessitated the adjournments. In any view of the matter, the applicant Mahesh can not be detained any longer in custody for the fault of others. The learned A.G.A. has not made any allegation in opposing the bail that the applicant after being released on bail is likely to interfere with the eye witnesses. So far the prosecution has not come up with any such case and there is also no allegation against the co-accused persons who have been bailed out long ago that they are preventing the eye witnesses from going to the Session court for evidence. Therefore considering the facts and circumstances and the progress of the case, I am of the opinion that the applicant Mahesh should also be granted bail. The Second Bail application is hereby allowed.

(2.) Let applicant Mahesh s/o Murari Lal be also released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of III Additional Sessions Judge, Moradabad before whom the Session Trial No. 952 of 1992 (arising out of Crime No. 303 of 1992) under Sec. 302, I.P.C. P.S. Gajraula district Moradabad is pending. The learned Sessions Judge is also directed to expedite the conclusion of the Session Trial and the accused persons are directed to participate in the trial without seeking any adjournment for any reason. IInd Bail Application Allowed.