Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26876 of 2018 Applicant :- Non Bachha Opposite Party :- State Of U.P. Counsel for Applicant :- Nisar Uddin Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
This is the fourth bail application moved on behalf of the applicant. The first three bail applications of the applicant were rejected by this Court vide orders dated 19.8.2014, 15.12.2017 and 27.04.2018 passed in Criminal Misc. Bail Application Nos. 26115 of 2014, 25092 of 2017 and 6446 of 2018.
By means of this application, the applicant who is involved in Case Crime No. 163 of 2013, under Sections 149, 504 I.P.C. and Section 3(2)(5) SC/ST Act, P.S. George Town, District-Allahabad and is in jail since 08.05.2013, is seeking enlargement on bail during the trial.
The only ground which has been urged by the learned counsel for the applicant in support of his prayer for enlarging the applicant on bail during the trial is that although the applicant is languishing in jail for the last 5 years yet not a single witness has been examined despite bailable warrants has been issued against them, hence the applicant who is languishing in jail since 08.05.2013 is entitled to be enlarged on bail during the pendency of his trial.
The prayer for bail has been opposed by learned A.G.A. on the ground that the applicant in this case is being tried for having committed the murder of one Golu Bharti. He was caught on the spot, hence the applicant is not entitled to be released on bail.
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 four months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 7.9.2018 SA