Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7996 of 2018 Applicant :- Smt. Archana Opposite Party :- State Of U.P.
Counsel for Applicant :- Durgesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 356 of 2011, under Sections 328, 302/34 IPC, P.S. Brahmpuri, District Meerut, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the incident is said to have been taken place in the year 2011, the applicant after lapse of more than six years surrendered in the month of September 2017 and in October 2017 the bail application of the applicant was rejected.
Per contra learned AGA opposed the prayer for bail and submitted that since the trial of the applicant has already commenced and five witnesses has been examined and several witnesses of fact are yet to be examined and in case the applicant is enlarged on bail at this stage of the trial by this Court after recording a prima facie finding in his favour the same may irretrievably prejudice the prosecution case at the trial and hence the applicant's prayer for bail at this belated stage is liable to be rejected.
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, accordingly, the prayer for bail is hereby rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant by 30.08.2018 without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove the applicant may move fresh application before this Court subject to applicant extends the full cooperation in the early dispose of the trial.
Subject to aforesaid direction, this application is disposed of.
Order Date :- 28.2.2018 Abhishek Sri.