Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50417 of 2017 Applicant :- Bindrawan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kishor Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present second bail application has been filed by the applicant in case crime No. 70/2016 under Sections 302 IPC police station Majhagawan District Hamirpur with the prayer to enlarge him on bail. The first bail application was rejected by this Court vide order dated 19.5.2017.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
There is no subsequent development or any new ground has been brought on record.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the averments as contained in the present bail application and also looking to the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, looking to the period of detention of the applicant, it is directed that the aforesaid case pending before the court below be decided expeditiously, preferably within a period of one year in accordance with Section 309 Cr.P.C. and also in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the cases of Vinod Kumar Vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India in Crl. Appeal No. 509 of 2017 decided on 9th March, 2017, if there is no legal impediment.
It is made clear that in case, the witnesses are not appearing before the court concerned, liberty is being given to the concerned court to take necessary coercive measures in accordance with law for ensuring the presence of the witnesses.
Office is directed to forward a copy of this order to the concerned court below for necessary compliance.
Order Date :- 30.3.2018 Anand