Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34749 of 2015 Applicant :- Nagendra Singh @ Baba Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Tripathi,Ajay Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard Sri Arun Kumar Tripathi and Sri Ajay Kumar Srivastava, learned counsels for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Nagendra Singh @ Baba seeks bail in S.T. No. 512A of 1998 arising out of Case Crime No.269A of 1997, under Section 302 I.P.C., Police Station Mohammadabad, District Farrukhabad.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. It is a case of hit and run. All the deceased were murdered by some unknown miscreants in the night and the applicant has been falsely implicated in the present case on account of enmity. Though the applicant has criminal history of 18 cases and he was also convicted for the offence under Section 302 I.P.C. but in most of the cases, he has been acquitted by the trial court. He has further submitted that though the applicant is in jail since 30.11.2013, but till date no prosecution witness has been examined by the trial court. On the ground of long incarceration and delay in conclusion of trial, the applicant may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that the applicant has chequered history of 19 criminal cases. Out of four heinous crimes, it is a triple murder case and the applicant along with his associates is named in the F.I.R. lodged promptly. Therefore, the applicant may not be enlarged on bail.
In the facts and circumstances of the case, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 30.11.2013, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
The office is directed to communicate this order to the concerned court within two weeks.
Order Date :- 28.2.2019 MN/-