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DESH DEEPAK YADAV versus STATE OF U.P.

High Court of Judicature at Allahabad

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Desh Deepak Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. - 25786 of 2006 [2007] RD-AH 15394 (12 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

COURT NO.53

CRIMINAL MISC. III BAIL APPLICATION NO. 25786 OF 2006

Desh Deepak Yadav........................................................Applicant.

Versus

State of U.P. ...........................................................Opposite party.

Hon'ble Mrs. Poonam Srivastav, J.

Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Aklank Jain, Advocate, appearing for the applicant, Sri Sanjeev Kumar Pandey, Advocate, appearing for the first informant and learned A.G.A. for the State.

The applicant was allowed short term bail for a period of two months by this Court vide order dated 28.2.2007. Supplementary affidavit has been filed bringing to the notice of the Court that after expiry of the period of short term bail, the applicant surrendered in the court on 30.4.2007. Copy of the surrender certificate is annexed as S.A. I. During the period of short term bail, an application for cancellation of short term bail was moved on behalf of the first informant on the ground that the applicant tried to intimidate prosecution witness Mahendra Singh and pressurize him not to give evidence in the trial. However, short term bail cancellation application has now been rendered infructuous since the applicant has already surrendered in the court.

Submission on behalf of the applicant is that while rejecting second bail application on 18.9.2006, this Court directed the learned Sessions Judge concerned to complete the trial within a period of six months from the date a certified copy of the order is produced before him. Certified copy of complete order sheet has been filed. It is submitted that despite specific direction of this Court, the trial has not come to an end. The applicant is in jail since 8.8.2005. Allegation against the applicant for misusing short term bail has emphatically been disputed on the basis of police report dated 12.3.2007 expunging the report lodged at the instance of the first informant making allegations regarding misuse of short term bail granted by this Court. Certified copy of the police report relating to case crime no. 77 of 2007 has been produced before me, which is taken on record. Perusal of the said report shows that the report was registered at the instance of the first informant only with a view to show that the applicant misused short term bail.

Next submission on behalf of the applicant is that assuming allegation of the first informant to be correct even then all the prosecution witnesses of fact have been examined and they have also given evidence in the court despite the alleged intimidation, therefore, this itself belies allegation against the applicant.

However, I am not inclined to give any comment in respect of police report pertaining to case crime no. 77 of 2007. It is admitted by the counsel for the complainant that witnesses of fact have been examined and only two formal witness remains

to be examined.

Taking into consideration all these aspects and especially that the trial is not completed within the time frame allowed by this Court and there are no further chances of tampering with evidence since witnesses of fact have already been examined, bail application of the present applicant is allowed.

Let the applicant Desh Deepak Yadav son of Hirendra @ Heerey Yadav involved in case crime no. 240 of 2005, under Sections 302, 307, 504 I.P.C., Police Station North Firozabad, District Firozabad, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the concerned court.

Dt. 12.9.2007

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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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