Shaukat vs State of U.P.

Kalimullah Khan, J.—Heard learned Counsel for the applicant, learned A.G.A. and perused the record. This is second bail application made on behalf of the accused applicant Shaukat. His first bail application has already been rejected on merit by order dated 24.1.2012.

This second bail application has been pressed on following two grounds:

Firstly, that under similar circumstances co-accused Kadir Pahalwan @ Kaddan and Mama @ Azad have been granted bail by different Benches of this Court.

Secondly that the applicant is in jail since 13.9.2010. The charge u/s 364 I.P.C. was framed against him on 1.4.2011. Till date P.W. 1 was examined in chief on 19.10.2011. His examination in chief was not completed by the prosecution and thereafter dozen of dates have been fixed up by the Court but the prosecution has not been able to produce either of the witnesses against the accused.

The main purpose for lodging the accused in jail is to facilitate the trial without any undue pressure, inducement or threat to the prosecution witnesses, but it is not proper that accused is kept in jail and the prosecution witnesses be not examined for a considerable length of time to give an impression of pre-trial conviction.

The delayed trial and lethargic attitude adopted by the prosecution in the matter of adducing prosecution witnesses entitles the applicant to bail. Let the applicant Shaukat involved in case Crime No. 268 of 2010 under sections 364 I.P.C., police station Baniyather, District Moradabad 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.