Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40960 of 2016 Applicant :- Anil Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Gupta,Kuldeep Singh,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State; and perused the record.
This is a second bail application of the applicant in Case Crime No. 173 of 2008, under Sections 147, 148, 149, 302, 395, 412 and 323 I.P.C., P.S.
Jaspura, District Banda.
The first bail application no. 6339 of 2016 was rejected after noticing that the applicant had jumped bail during the course of trial court proceeding and as five witnesses had already been examined, it was considered appropriate to reject the bail application with a direction upon the trial court to conclude the trial within a period of six months.
The second bail application has been filed by alleging that the applicant has already suffered incarceration since 25.08.2015 and, till date, the trial has not yet been concluded.
Learned A.G.A. has informed the Court that already statement of the prosecution witnesses have been recorded and the statement of the accused under Section 313 Cr.P.C. has also been recorded and, therefore, the trial can be concluded shortly.
I have given thoughtful consideration to the submissions of the learned counsel for the parties.
Considering that the trial itself can be concluded shortly, without expressing any opinion on the merits of the case, this Court considers it appropriate to reject this second bail application by requiring the trial court to ensure expeditious conclusion of the trial within a period of two months from the date of production of a certified copy of this order.
The application is rejected as above.
Let a copy of this order be transmitted to the trial court through the Registry of this Court.
Order Date :- 30.3.2018 Sunil Kr Tiwari