Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28234 of 2018 Applicant :- Daoo Bhaiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Sonia Saraswat Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 1031 of 2017 under Sections 21/22 of the NDPS Act, Police Station Kotwali, District Mathura, during the pendency of trial.
This is the Second Bail Application moved on behalf of the applicant. The first bail application (Crl. Misc. Bail Application No. 47809 of 2017) was rejected by this Court vide order date 27.4.2018.
Learned counsel for the applicant has contended that the additional ground has been mentioned in paragraph no. 23 of the affidavit, which shows that no reason has been assigned by the learned trial court under Section 309(2) Cr.P.C. for adjourning the case when witnesses are in attendance. No reason has been disclosed despite the fact that witnesses were present in court for their statements to be recorded.
Learned AGA has opposed the prayer of bail.
In view of above, this Court finds that there is no additional ground since the last rejection of bail by this Court on 27.4.2018 as regards merits of the case. Accordingly, the bail application is rejected.
However, it is deemed proper that a direction be issued to the court concerned to decide this case expeditiously, hence, trial court is directed to make all endeavour to decide this case within six months from today without giving any undue adjournments to either side.
Copy of the order be transmitted to the court concerned through District Judge, concerned for strict compliance.
Order Date :- 24.8.2018 A.P. Pandey