The Allahabad High Court has granted bail to Dal Chand, the former assistant manager of Dan Ghati Temple, Mathura.
A single-judge bench of Justice Mayank Kumar Jain passed this order while hearing a Criminal Misc Bail Application filed by Dal Chand.
The bail application has been filed on behalf of applicant in Case under Sections 420, 409 I.P.C, Police Station Govardhan, District Mathura with the prayer to enlarge the applicant on bail.
Pursuant to order dated 13.08.2024, the trial Court has submitted its report.
First and second bail application was rejected by the Court orders dated 07.11.2019 and 02.07.2024.
Sudhir Kumar Agarwal and Sushil Shukla, counsels for the applicant, submitted that sole ground taken by the applicant through bail application is period of incarceration. Applicant is languishing in jail since 28.05.2019. There is no progress in the trial after five years. Charge was framed on 19.10.2019 and sole witness, Ramakant Kaushik has been produced. Moreover, the examination-in-chief of such a witness has been recorded but he is not turning up for cross examination.
It is further submitted that NBWs were issued against Ramakant Kaushik. On the last occasion, he moved an application before the trial court for cancellation of warrants issued against him and further prayed that he is not keeping in good health, therefore, sometime may be granted to him to depose before the trial Court.
On the basis of the conduct of the informant, it is clear that he is not interested in giving evidence while he is only interested in keeping the applicant behind the bars. Coaccused Rameshwar, Gopal Kaushik and Shyam Babu Sharma have been granted bail by the Court by orders dated 13.05.2024, 05.12.2023 and 07.03.2024. The case of the applicant is on better footing from the co-accused who have been granted bail by the Court.
It is also submitted that the matter is exclusively triable by the Court of Magistrate. The applicant is not responsible for delay in trial.
Per contra, the A.G.A assisted by Amit Daga, counsel for the informant, have opposed the prayer for grant of bail and submitted that the witnesses Ramakant Kaushik is attending the Court regularly but no cross-examination is done on behalf of the applicant.
The trial status report submitted by the trial Court reveals that charge was framed on 19.10.2019 while the examination-in-chief of Ramakant Kaushik was recorded on 12.12.2022. The examination-in-chief remained, which was finally recorded on 29.03.2023, the Court noted.
“Considering the entire facts and circumstances of the case, submissions of the counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail,” the Court observed while allowing the bail application.
The Court ordered,
Let the applicant Dal Chand in the aforesaid crime be released on bail on furnishing a personal bond of Rs 2,00,000 and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1) The applicant will not tamper with the prosecution evidence during the trial.
(2) The applicant will not influence any witness.
(3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
(5) The applicant shall register his presence in the Court concerned on every first day of every month. If the first day of any month is a holiday, thereafter, on the next working day and in addition to it he will attend the proceedings before the trial Court on each and every date fixed and will not seek any adjournment.