This is the third bail application.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.428 of 2015, under Sections 364-A, 302, 201, 120-B I.P.C., Police Station Madiyaon, District Lucknow, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that all the witnesses of fact have already been examined and there is no possibility for tampering of any evidence as the Investigating Officer is being examined as P.W.10 before the trial court. He also submitted that the star witness of prosecution namely Amrendra Kumar has already been examined as P.W.2 and the applicant is in jail since 28.08.2015. He also submitted that third bail application of co-accused Heera Lal has already been allowed by this Court on 23.02.2021 and the role of the applicant is identical with him. Therefore, the applicant is also entitled to get the parity of co-accused.
Learned A.G.A. has opposed the prayer of bail of the applicant and submitted that in the statement of P.W.4, the applicant was identified along with the abductee Keshav, therefore, the applicant is not entitled for bail and also requested that a direction may be issued to trial court for expeditious disposal of the trial.
Considering the arguments of learned counsel for the applicant as well as learned A.G.A. and going through the contents of the F.I.R., statement of P.W.4 and the bail order of co-accused Heera Lal, no case is made out for bail.
Accordingly, the bail application is hereby rejected.
Trial court is directed to conclude the trial expeditiously, if possible, within six months from the date of production of computerized copy of this order.
The Commissioner of Police, Lucknow as well as the Joint Director of Prosecution, Lucknow are directed to ensure the presence of witnesses as well as accused persons before the trial court.
Office is directed to communicate this order to the District & Sessions Judge, Lucknow as well as the Commissioner of Police, Lucknow and the Joint Director of Prosecution, Lucknow for its necessary compliance forthwith.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and 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 :- 19.8.2021 S. Shivhare