Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49823 of 2018 Applicant :- Mulayam Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Karan Patel Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Raj Karan Patel, learned counsel for the applicant, Sri Irshad Husain, learned A.G.A. for the State and perused the record.
The first bail application of the applicant was rejected by this Court on 21.03.2018 by which the trial was directed to be completed within a period of six months. The order of the first bail application was placed before the trial court on 04.04.2018. This is the second bail application on behalf of the applicant.
It has been argued by learned counsel for the applicant is that the victim/prosecutrix has supported the case in examination-in- chief but has turned hostile during cross-examination. The trial has not yet been concluded. The applicant is in jail since 30.05.2015.
Learned AGA opposed the prayer for bail and submitted that it is a case of gang rape. The first bail application of the applicant was rejected by this Court on merits of the case and some of the accused have still absconded and have not surrendered before the court concerned.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Mulayam Patel, involved in case crime no. 68 of 2015 under Section 363, 366, 342, 376 (2) (D), 307, 308, 506 I.P.C. and 3/4 POCSO Act, P.S. Saray Mamrej, District Allahabad is, accordingly, rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of four months on day to day basis from the date of production of certified copy of this order before the trial court and if it is so required, the trial of the applicant shall be separated.
The applicant is directed to produce the certified copy of this order before the trial court for it's compliance.
Order Date :- 26.4.2019 Nirmal