Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35251 of 2018 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Dubey,Achyuta Nand Pandey Counsel for Opposite Party :- G.A.,Satish Kumar Tyagi
Hon'ble Rajul Bhargava,J.
Heard Sri Santosh Kumar Dubey and Sri Achyuta Nand Pandey, learned counsels for the applicant, Sri Satish Kumar Tyagi, learned counsel for the first informant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Dharmendra seeks bail in Case Crime No.1461 of 2017, under Sections 376, 328, 384 and 506 I.P.C., Police Station Kavi Nagar, District Ghaziabad.
This is second bail application moved on behalf of the applicant. First bail application was rejected by this Court on merits on 27.07.2018 after considering entire facts and circumstances of the case.
It has been argued by the learned counsel for the applicant that evidence of some of the prosecution witnesses has been recorded during trial and after January, 2018 no prosecution witness has appeared before the trial court. Therefore, the applicant, who is in jail since 27.09.2017, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
In the facts and circumstances of the case,I do not find any fresh ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The second application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 27.09.2017, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 28.2.2019 MN/-