Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22231 of 2017 Applicant :- Joni Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Rathor,Gaya Nath Dubey,Nitin Gupta Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 120 of 2016 under Section 363, 366, 376 of I.P.C. and 3/4 POSCO Act, Police Station Babugarh, District Hapur. The first bail application was rejected by this Court vide order dated 16.01.2017.
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, as early as possible 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.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence Order Date :- 14.9.2018 Ram Chander