Court No. - 1
Case :- CRIMINAL APPEAL No. - 3477 of 2006
Appellant :- Ajay Kumar Chaubey
Respondent :- State Of U.P.
Counsel for Appellant :- D.K. Srivastava,Apul Misra,Kaushlesh Tripathi,Mayank Tripathi,Rajeev Pandey,Rajiv Lochan Shukla,Sanjeev Kumar Pandey
Counsel for Respondent :- Govt. Advocate,J.S.Parihar
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Ref:- Order on Fourth Bail Application No. 230491 of 2017 Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. appearing for the State and perused the record.
Sri Noor Mohd., learned counsel appearing on behalf of the appellant in the connected appeal No. 3478 of 2006 is present.
This application has been moved on behalf of the applicant who is involved in S.T. No. 14 of 2005, State vs. Ajay Kumar Chaubey and Ors (arising out of Case Crime No. 809 of 2004), under Sections 302/34, 324/34 IPC and Sessions Trial No. 15 of 2005 State vs. Akay Kumar Chaubey (arising out of Case Crime no. 864 of 2004), under Section 25 of Arms Act, Police Station- Mauranipur, District-Jhansi.
The first three bail applications moved on behalf of the applicant were rejected by this Court vide orders dated 14.08.2007, 24.07.2012 and 23.5.2016 on merits. This is the fourth bail application moved on behalf of the applicant.
Learned counsel for the applicant submits that this is fourth bail application. The applicant is languishing in jail for almost 14 years. He submits that the appeal is not likely to come up in near future hence the appellant be released on bail the other co- accused persons are also in jail. There appears to be all the three other connected appeals, the appellants are also in jail for almost same period. The first bail applications of other three co- accused, whose appeals have been connected in the present appeal, have already been rejected. They have not yet filed second bail application.
Learned A.G.A. opposed the prayer for bail and submitted that two bail applications rejected on merits. The appeal is listed for final hearing today and the paper book is also ready.
Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, we do not find any good ground to release the applicant on bail. Accordingly, the bail application is hereby rejected as the appeal is listed for final hearing and paper book is ready but the counsel for the appellant insisted for deciding the present bail application on behalf of the said appellant though he was requested to argue the appeal for final hearing for which he showed his reluctance at this stage.
In the connected Criminal Appeal Nos. 3172 of 2006, Rais @ Rahees and 2894 of 2006, Sunil Kumar have been represented by their counsel but they have not appeared before the Court though the matter has been called in the revised list. The Registrar General shall inform the said two co-accused through fastest mode whether they want to engage a counsel by the next date failing which this Court would appoint an Amicus Curiae in the matter.
The appeal is listed for final hearing today.
List the matter on 25.10.2018 along with record of Criminal Appeal No. 2894 of 2006, Sunil Kumar in place of Criminal Appeal No. 3194 of 2006, Vinod Kumar, showing the particulars of criminal appeal with their respective counsel.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 25.9.2018 JK Yadav