Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2997 of 2020 Applicant :- Javed Opposite Party :- State of U.P.
Counsel for Applicant :- Ravendra Singh,Anuj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of the learned counsel for the applicant is that the accused applicant is in jail since 25.08.2015, his first bail application was rejected on 12.04.2018 passed in Criminal Misc. Bail Application No.13394 of 2016 in which the trial court was expected to dispose of the case within 4 months, but, since then there is no substantial development towards disposal of the case. Further submission is that considering the long period of detention of the accused applicant in jail, the accused applicant is entitled for bail. It is further submitted that applicant is prepared to furnish sureties and bonds and therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail and submitted that there is no fresh ground in the second bail application and the ground that accused applicant is in jail from a long period and the trial has not been concluded as per the direction of this Court vide order dated 12.04.2018 cannot be made a ground for granting bail to the accused applicant.
Considering the submissions made from both the sides, considering the fact that there is no fresh ground in the application and the bail application was earlier rejected considering all the aspect which were taken in the present bail application, hence, I do not find any force in the second bail application.
Hence the second bail application of application Javed filed in Case Crime No. 156 of 2015, under section 147, 148, 149, 302, 201 I.P.C., P.S. Khekra, District Baghpat is rejected.
It is directed that the learned court below shall adhered the order passed by this Court vide order dated 12.04.2018 in which a direction of four months was given for disposal should follow with all promptness and shall disposed of the case in accordance with law at the earliest preferably within three months.
Order Date :- 6.1.2021 Bhanu