Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32202 of 2017 Applicant :- Amit Kumar Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Apul Misra,Arvind Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A on behalf of the State and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is in jail since 23.09.2016, therefore, he is entitled to be released on bail on the ground of detention period in jail.
Per contra, learned AGA has opposed the prayer for bail by contending that the trial of the applicant in this case is at advanced stage, therefore bail application is liable to be rejected.
After having heard learned counsel for the parties, I find that by order dated 22.02.2019, a status report about the present position of the trial was called for. Thereafter a report of Vth Additional Session Judge, Court No.7, Badaun was received informing this Court that four prosecution witnesses of fact have been examined in this case. Considering the said report, further direction was given on 22.04.2019 to the court concerned to decide the case expeditiously according to Section 309 Cr.PC. and District Judge concerned was also directed to monitor the case in the monthly meeting of Monitoring Cell. By the said order dated 22.04.2019, SSP/SP Badaun was also directed to ensure presence of the witnesses summoned by the court concerned.
In view of above, I do not find any good ground to consider the bail application of the applicant, hence, the bail application of the applicant Amit Kumar Gupta is, accordingly, rejected.
Trial court is directed to ensure compliance of the order dated 22.4.2019 of this Court.
Order Date :- 31.7.2019/SKD