Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18087 of 2021 Applicant :- Deepak @ Sanjeev Opposite Party :- State of U.P.
Counsel for Applicant :- Diwanshu Tiwari,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State through Video Conferencing.
The present bail application has been filed by applicant to release him on bail in Case Crime No. 186 of 2013, under Section 376 (2) I.P.C. (S.T. No. 366 of 2013), Police Station Surajpur, District Gautam Buddh Nagar.
It is submitted by learned counsel for the applicant that applicant is only earning member of the family and he went to Gujrat for livelihood. He could not appear in the court on 7.6.2018, therefore, Non-Bailable Warrant was issued against him. It is next submitted that there is full cooperation in the trial and applicant also appeared in the court on every date fixed by the court.
Learned A.G.A. opposed the prayer for bail and submitted that after grant of bail by this Court vide order dated 15.1.2014, applicant has not appeared before the court below and court has issued non-bailable warrant, ultimately application for cancelling the non-bail warrant was rejected vide order dated 05.10.2017 and applicant was sent to jail. It is next submitted that later on he was released on bail, but again he has not appeared before the court from 7.6.2018. It is also submitted that applicant is trying to delay the trial, therefore, he is not entitled for bail.
I have considered the submissions advanced by learned counsel for the parties. No case for bail is made out. The bail application is accordingly rejected.
However, the trial court is directed to expedite the trial and conclude the same as expeditiously as possible, preferably within a period of six months without granting unnecessary adjournment to either of the parties.
Order Date :- 25.5.2021 Rmk.