Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35587 of 2014 Applicant :- Ajay Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1642 of 2013, under Sections 302, 394 and 411/34 I.P.C., P.S.- Indira Puram, District- Ghaziabad, is seeking enlargement on bail during the trial.
This is the second bail application moved on behalf of the applicant. The first bail application namely Criminal Misc. Bail Application No. 10488 of 2014 was rejected by Hon'ble V.K. Shukla, J. as His Lordship then was by his order dated 15.4.2014.
The only ground on which the learned counsel for the applicant has sought the applicant's enlargement on bail is that although the applicant is languishing in jail since 13.9.2013 but his trial has not concluded till date for no fault of his. He further submitted that since the applicant has no criminal antecedents to his credit, is entitled to be released on bail considering the period of incarceration already undergone by him.
Per contra learned AGA for the State opposed the prayer for bail and submitted that the applicant in this case has been charged for the offence under Sections 302, 394 and 411/34 I.P.C. and considering the gravity of the offence, he is not entitled to be released on bail during the pendency of his trial.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail at this stage of trial. The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the trial court is directed to conclude the trial of the applicant within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 26.7.2018 SA