Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13566 of 2021 Applicant :- Abhay Raj @ Tunda Opposite Party :- State of U.P.
Counsel for Applicant :- Naresh Kumar Pal,Kamlesh Kumar Tripathi,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 32 of 2021, under Section 8/22 of N.D.P.S Act, Police Station- Kishni, District- Mainpuri.
It is contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case for the reason that he is husband of present Pradhan of Village Gram Sabha, Lalpur. Due to participation of the applicant in the election of Gram Pradhan, he has been falsely roped in the present case. It is next contended that applicant is having criminal history of certain cases, which are explained in the affidavit. He is languishing in jail since 21.1.2021.
Learned A.G.A. has vehemently opposed the bail application and submitted that applicant is habitual offender and having criminal of 18 cases in which first case was lodged against him in the year 2010 and every year upto 2021, several FIRs have been lodged against him, which are pertaining to different sections of IPC, therefore, the present bail application is liable to be rejected.
Considering the facts and circumstances of the case, the gravity of the offence, the nature of accusations, provision of Section 37 of NDPS Act and severity of punishment in case of conviction, there does not appear any good ground to release the applicant on bail.
Accordingly, the bail application is rejected.
At this juncture, learned counsel for the applicant prayed that the trial is proceedings at snail's speed, hence the trial court be directed to conclude it within some time bound period.
The prayer is allowed.
Keeping in view that the applicant is in jail since 21.1.2021, the trial court is directed to make all possible efforts to conclude the trial expeditiously, if possible, within a period of six months from the date of production of certified copy of this order.
Order Date :- 28.7.2021 Junaid