Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8053 of 2018 Applicant :- Hira Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava,Juned Alam Counsel for Opposite Party :- G.A.,Bibhuti Narayan Singh
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Bibhuti Narayan Singh, learned counsel for the complainant and learned A. G.
A. for the State.
Applicant has moved the second bail application seeking bail in Case Crime No. 490 of 2016, under Section 364, 302, 201 IPC, P.S. Kaptan Ganj, District Kushi Nagar. The first bail of the applicant was rejected vide order dated 06.04.2017.
Contention of the applicant is that there are sixteen witnesses and till date only five witnesses have been examined and applicant is in jail since 30.07.2016 and till date trial has not been concluded even though while rejecting the first bail application direction was issued to conclude the trial as early as possible.
Perusal of the record shows that no subsequent development or any new ground has been brought on record.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, within eight months in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
In case trial is not be concluded within eight months the court concerned will be answerable to this Court and applicant will be at liberty to file a fresh bail application.
It is made clear that in case the witnesses are not appearing, the SSP and District Magistrate are directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 26.9.2019 Ujjawal