Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28828 of 2014 Applicant :- Kulwant Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Srivastava,Ajay Kumar Mishra,Amit Misra,Balendra Kumar Singh,N. Muhammad Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard Sri Viresh Mishra, Senior Advocate assisted by Sri Arvind Agarwal, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 24 of 2011, under Section 302/34 I.P.C., P.S. Medical, District-Meerut and is in jail since 26.01.2012, is seeking enlargement on bail during the trial.
This is the second bail application moved on behalf of the applicant. The first bail application namely Criminal Misc. Bail Application No. 9043 of 2012 was rejected by Hon'ble Virendra Vikram Singh, J. as His Lordship then was by order dated 28.01.2013.
Learned counsel for the applicant submitted that although the applicant is languishing in jail since 26.01.2012, his trial has not made any progress and the evidence of only one witness of fact has been recorded. He next submitted that since there is no likelihood of the conclusion of the applicant's trial in near future, he is entitled to be released on bail during the pendency of his trial.
Per contra learned AGA opposed the prayer for bail and submitted that the applicant who has been charged for the offence under Section 302 IPC and who is the author of the firearm wound found on the body of the deceased, is not entitled to be released on bail merely on account of his having remained in jail for about 6 years. Hence the prayer for bail 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.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant within a period of six months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated herein above the applicant may move fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 26.7.2018/SA