Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21220 of 2020 Applicant :- Kailash Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri S K Pandey, learned counsel for the applicant and Sri Irshad Hussain, learned counsel for the State.
This is a repeat application on behalf of the applicant for grant of bail in Crime No.223 of 2018 under Sections 328 and 302 of IPC, Police Station Rohaniya, District Varanasi.
First bail application of the applicant was rejected on 22.5.2019.
Learned counsel for the applicant submits that three witnesses of fact have been examined, but there is no clinching evidence against the applicant. It has been further argued that due to Covid-19, there may not be any progress in the trial and, therefore, the applicant be released on bail.
On the other hand, opposing the bail application, it has been argued by learned State Counsel that once three witnesses of fact have already been examined, a direction may be given to the trial Court to conclude the trial within a stipulated period. He further submits that at this stage, evidence cannot be appreciated before this Court.
Considering the facts and circumstances of the case, I am not inclined to entertain the repeat application of the applicant. His bail application is rejected.
However, trial Court is directed to make all endeavour to conclude the trial within five months from the next date fixed for recording evidence.
Applicant is obliged to submit a copy of this order before the concerned trial Court. In addition, Registry to also send a copy of this order to the concerned trial Judge as also to the concerned Sessions Judge.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the representative of the applicant (s) along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
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 RKK/-