Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43785 of 2017 Applicant :- Imran Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is a second bail application of the applicant in case crime No.382 of 2015, under Sections 363, 366, 376D IPC and Section 3/4 of Pocso Act, Police Station Swar, District Rampur with the prayer to enlarge him on bail.
The second bail application has been filed primarily on the ground that the applicant had remained in jail since 04.11.2015 and till date the trial has not been concluded and that the statement of the victim had been at variance from that what was recorded under Section 164 Cr.P.C.
On 15.12.2107, this Court had required the learned A.G.A. to obtain instructions as regards current status of the trial.
A counter affidavit has been filed in which it is stated that all the prosecution witnesses have been examined and the statement under Section 313 Cr.P.C. has been recorded and 08.01.2018 was the last date fixed and that the trial is at final stages.
Considering the fact that all the prosecution witnesses have been examined and the trial is at final stage, this Court considers it appropriate to dispose of this bail application by requiring the trial court to conclude the trial, preferably, within a period of three months from the date of production certified copy of this order.
Let a copy of this order be sent to the trial court through registry of this Court.
Order Date :- 22.2.2018 AKShukla/-