Court No. - 1
Case :- CRIMINAL MISC. 4th BAIL APPLICATION No. - 39825 of 2017 Applicant :- Aabad Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Learned counsel for the applicant has filed a supplementary affidavit today in Court, which is taken on record.
In compliance of the Court's order dated 14.12.2018, learned AGA has filed affidavit of compliance affidavit of Sri Anup Chandra Pandey, presently posted as Chief Secretary, Government of Uttar Pradesh and also of Sri Gopesh Nath Khanna, presently posted as Superintendent of Police (Legal), Office of D.G.P. Headquarters, U.P. Lucknow on behalf of the D.G.P., U.P., which are taken on record.
Heard Sri Sanjay Singh holding brief of Sri Dharmendra Pratap Singh, learned counsel for the applicant and Sri A.R.Chaurasia, learned AGA for the State and perused the record.
This is the fourth bail bail application moved on behalf of the applicant. The first bail application of the applicant was rejected by Hon'ble Mrs. Jayashree Tiwari (as she then was) vide order dated 22.1.2013, the second bail application of the applicant was rejected by this Court on 22.5.2014 and thereafter the third bail application moved on behalf of the applicant was rejected by this Court for want of prosecution on 9.8.2017.
Learned counsel for the applicant has pointed out that the statement of Investigating Officer has been recorded by the trial Court and the matter has been fixed for recording the statement under Section 313 Cr.P.C. of the accused. The applicant is in jail since 16.11.2018.
Learned AGA has pointed that the trial of the case is at the conclusion stage. He further stated that there appears to be no letter dated 11.8.2016 of the trial Court, to which learned counsel for the applicant pointed out that there was an order of the trial Court dated 11.8.2016 which was to be sent to the S.S.P., Muzaffarnagar for its compliance through A.D.G.C., to which learned AGA states that it appears that A.D.G.C. did not sent a letter for compliance of the said order to the S.S.P., Muzaffarnagar, hence the S.S.P., Muzaffarnagar could not comply with the said order.
In view of the above, without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant-Aabad involved in Case Crime No.677 of 2008, under Sections 302, 307 I.P.C., Police Station Kakrauli, District Muzaffarnagar.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of two months from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
Order Date :- 21.12.2018 NS