Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7024 of 2018 Applicant :- Jay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Kushwaha,Neeraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri S.N.Yadav, Advocate has filed Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 37 of 2015, under Sections 452 and 302 IPC, P.S. Kydganj, District Allahabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the incident is said to have been taken place in the year February 2015 and he is languishing in jail since 02.02.2015. It is contended by learned counsel for the applicant that the trial is of at advance stage and five witnesses has already been examined.
Per contra learned AGA opposed the prayer for bail and submitted that since the trial of the applicant has already commenced and five witnesses has already been examined and several witnesses of fact are yet to be examined and in case the applicant is enlarged on bail at this stage of the trial by this Court after recording a prima facie finding in his favour the same may irretrievably prejudice the prosecution case at the trial and hence the applicant's prayer for bail at this belated stage is liable to be rejected.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this stage of trial, accordingly, the prayer for bail is hereby refused at this stage.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant by 30.08.2018 without granting unnecessary adjournments to either of the parties and provided the applicant extends full cooperation in the early disposal of the trial.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 23.2.2018/Abhishek Sri.