Girish Chand Yadav vs State of U.P.

O.R Garg, J.—This is fourth bail application on behalf of Girish Chand Yadav applicant who is involved in case Crime No. 89 of 1998 under Sections 302/5041.P.C. Police Station Kerakat, District Jaunpur. The applicant is named in the First Information Report. The first, second and third bail applications of the applicant were rejected in the expectation that trial against him shall be completed. While rejecting the 2nd bail application it was observed that the trial Court shall conclude the trial against the applicant within six months. While rejecting the third bail application, it was directed that the learned Sessions Judge shall pass appropriate orders afresh on trie bail application which may be moved by the applicant before him.

After all the witnesses of fact (other than formal witnesses ones) were examined, the applicant moved an application for bail before the learned Sessions Judge, who has rejected the same by an order dated 322001. In the order passed by the learned Sessions Judge, it has been clearly mentioned that all the witnesses of fact have been examined and the case is now being adjourned from one date to another for recording the statements of formal witnesses. A copy of the ordersheet has been produced before this Court and a perusal of it, transpires that the case is being adjourned for no fault of the applicant; Either the presiding officer was not present on a particular date or the formal witnesses had not turned up. The applicant is languishing in jail since 331998 and all the witnesses of fact have been examined. This argument is not available that the applicant may tamper with the witnesses, if he is bailed out.

Taking into consideration the speed with which the trial is going on and that the applicant is in jail for the last three years and that there was a direction of this Court in the third bail application that when all the witnesses of facts are examined, the learned Sessions Judge may consider the question for grant of bail to the applicant, this fourth bail application is allowed and it is directed that the applicant Girish Chand Yadav shall be released on bail in the aforesaid crime case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Sessions Judge concerned.