Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36380 of 2020 Applicant :- Kamal Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Santosh Kumar Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is second bail application filed on behalf of the applicant seeking bail in Case Crime No.456 of 2011, under Sections 302, 201 I.P.C., Police Station NOIDA Sector 39, District Gautam Budh Nagar during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case.
The record reflects that the applicant is named in the F.I.R. for the murder of the deceased in which it has been alleged that the deceased was last gone along with the applicant, thereafter, his dead body was recovered from the nearby District Aligarh. The record also reflects that the applicant is in jail since 2011 and in the trial about 12 witnesses have been examined out of 26 and the examination of remaining witnesses is in process. Learned Counsel for the applicant has not stated about the criminal history of the applicant.
On the other hand, learned AGA vehemently opposed the prayer for bail and submitted that the deceased was last seen along with the applicant, thereafter his dead body was recovered from the nearby District and also submits that the trial has started in which some witnesses have already been examined, hence, the applicant does not deserve any indulgence.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, without commenting on the merits of the case, I do not find it a fit case for bail.
The second bail application is, accordingly, rejected.
However, considering the facts and circumstances of the case, the trial court is directed to expedite proceedings and conclude the trial as expeditiously as possible preferably within a period of nine months in accordance with Section 309 Cr.P.C., if there is no legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 25.10.2021 S.P.