Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41115 of 2018 Applicant :- Chhotu@ Amzad Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a second bail application on behalf of Chhotu @ Amzad in connection with Case Crime No. 118 of 2015 under Section 302 IPC P.S. Gagaha, District Gorakhpur.
In compliance with the order of this Court dated 08.04.2019 and 23.04.2019, it appears that most of witnesses have been examined before the Trial Court. However, some witnesses are left to be cross-examined. An affidavit of compliance has been filed by the State in compliance with order dated 23.04.2019 which shows that Smt. Shushila, PW-8 who was not appearing has been produced before the Trial Court upon execution of warrant of arrest and has testified as PW-8. Thus, the trial is substantially complete except for cross examination of three witnesses about which the Trial Court has mentioned in its report/explanation dated 20.04.2019.
Heard learned counsel for the applicant in support of the prayer for bail.
This Court at this stage again does not find it to be a fit case for bail but without expressing any opinion on merit and without prejudice to the parties' case, this bail application is rejected again at this stage.
In the totality of the circumstances and the stage of trial, it is ordered that the Trial Court will now proceed with the trial on a day to day basis and conclude the same positively within a period of six weeks.
Let a copy of this order be communicated to the Trial Court concerned through the learned Sessions Judge, Gorakhpur by the office within a week for information and compliance.
Order Date :- 29.4.2019 Deepak