SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.28 of 1989, under Sections 364, 302, 201 I.P.C., Police Station Alambagh, District Lucknow. This is a case of misuse of bail. The applicant absented himself with effect from 04.06.2001. In the month of May, 2008 he surrendered before the court below and since then he is in jail (for the last about ten months). Learned counsel for the applicant submits that the crime number is of the year 1989 and the applicant had been attending court regularly for about 11 years upto July, 2001 but not even a single witness could be examined by the prosecution. He further submits that due to facts and circumstances mentioned in the bail application he could not appear before the court below after July, 2001 till the date of his surrender. It is said that for the last ten months he has been attending the court from jail but during this period also no evidence could be adduced by the prosecution despite about 11 dates being fixed for the same. The bail is vehemently opposed by the learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances, without entering into the merits of the case and particularly having regard to the fact that the applicant misused his bail for a long period of about seven years, I regret in not finding it to be a fit case for granting bail. Hence it is rejected. The case is pending for the last about 19 years. Therefore, learned court below is directed to conclude the trial expeditiously preferably within six months from the date a certified copy of this order is produced before him.