Heard Sri A.K. Awasthi, learned counsel for the applicant, Sri Anirudh Singh, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.426 of 2017, under Sections 395, 397, 412 I.P.C, Police Station-Kotwali Sadar, District-Kheri, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that applicant is in jail since 22.03.2017 and all the witnesses of fact have been examined before the trial court. He relied on the decision of Hon'ble Supreme Court in the case of Smt. Akhtari Bi vs. State of M.P reported in 2001 AIR SCW 1236, judgement of Hon'ble Supreme Court in the case of "Kushal Singh Vs. State of U.P passed in Special Leave to Appeal (Crl) No.2356 of 2010 and judgment of this Court passed in Criminal Appeal No.1477 of 2014 "Raja Singh and 2 other Vs. State of U.P.
Learned counsel for the applicant has also relied on the decision of this Court in Bail Application No.2625 of 2020 "Ram Pratap @ Chhotu". He further submitted that applicant is in jail since last more than four years and trial is not concluded, therefore, applicant is entitled for bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that applicant was arrested from the spot with the weapon and before the trial court, witnesses were examined and they categorically levelled the allegation against the applicant and he also submitted that applicant is having criminal history of nine cases, and offences of ransom and kidnapping are pending for trial. He also submitted that judgments relied by the counsel for the applicant are not applicable in the present case, as the applicant is having criminal history of nine cases, therefore, applicant is not entitled for bail.
Considering the arguments of learned counsel for the parties and going through records, statement of the witnesses deposed before the court below and judgments relied by the counsel for the applicant, it is evident that the ratio of the judgments cited by the counsel for the applicant are not applicable in the present as the applicant is having criminal history of nine cases. I find no new good ground to grant of bail to the applicant.
In view of the above, the bail application is hereby rejected.
The trial court is directed to conclude the trial of the present case, expeditiously preferably within a period of three months on day to day basis and without giving any unnecessary adjournments to either of the parties, from the date of production of a certified copy of this order.
The Superintendent of Police and Joint Director Prosecution, Kheri are directed to ensure the presence of witnesses as well as accused persons before the court below.
Office is directed to communicate this order to the authority concerned, forthwith.
Order Date :- 12.8.2021 Amit/-