Ram Das vs State of U.P.

J.C. Gupta, J.—Counteraffidavit filed by Investigating Officer, Sri A.S. Jafri, SubInspector is taken on record. The Senior Superintendent of Police, Ghaziabad Sri Prashant Kumar is also present in person and his produced photostat copy of the case diary. The Court has also considered the explanation given in para 3 of the counteraffidavit.

The first bail application moved on behalf of the applicant was rejected by Hon''ble P.K. Jain, J. vide order dated 1072000. The bail is now being claimed on the ground of parity and it is pointed out that coaccused Suboth has been enlarged on bail vide order dated 17102000 while another coaccused Sudhir has been allowed bail by the Sessions Judge. Learned A.G.A., however, submitted that when bail application of Subodh was heard and considered the fact that the bail of coaccused Ram Das has already been refused by another bench of this Court could not be brought to the notice of the Court nor the entire case diary was produced. It was also argued that it cannot be disputed that Maruti Van in question was stolen in the night between 31121999 and 112000 and thus the murder of its driver Chandrapal was committed. The matter was reported on the next day. The applicant and the coaccused Subodh were apprehended along with stolen vehicle and no plausible explanation is forthcoming from the applicant''s side regarding his presence in the said vehicle. Blood stains were also found in the vehicle and a knife was recovered from the possession of the applicant. The applicant is a resident of district Shaharanpur.

3, Considering the facts and circumstances of the case, the Court is not inclined to enlarge the applicant on bail. The application is rejected. However, the trial Court is directed to expedite and conclude the trial strictly in accordance with the provisions of Section 309, Cr. P.C. On day to day basis. The S.S.P. Ghaziabad is also directed to ensure production of witnesses before the trial Court on the dates fixed and the trial Court shall make every endeavour to conclude the trial within four months from the date of communication of this order. Application rejected