Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37747 of 2019 Applicant :- Ismail Opposite Party :- State of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava,Gunjan Sharma Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri S.K. Srivastava, counsel for the applicant and Sri Irshad Ahmad, counsel for the State and perused the material on record.
This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during trial in connection with Crime No.
81 of 2018, under Sections 302, 324, 323, 506 of I.P.C registered at Police Station Jafarganj, District Fatehpur.
The first bail application was rejected by this Court vide order dated 1.8.2019.
Counsel for the applicant submits that three witnesses have been examined and all of them have turned hostile. He submits that only formal witnesses are to be examined and there remains nothing in the trial on which basis applicant can be convicted. Lastly, he submits that as the trial is likely to take some more time, the applicant be released on bail.
State counsel submits that once formal witnesses are to be examined, direction can be issued to the trial court to conclude the trial within a stipulated period.
Considering the over all situation, I am not inclined to release the applicant on bail.
The second bail application is, accordingly, rejected.
However, as three witnesses have already been examined, trial court is directed to conclude the trial as expeditiously as possible, preferably within four months from the next date of hearing.
The applicant is obliged to furnish a copy of this order before the trial judge. Registry is also directed to send a copy of this order to the trial judge.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 RK