Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9838 of 2016 Applicant :- Omkar And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Raj Singh,Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned A. G.
A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 335 of 2007 (S.T. No. 542 of 2011), under Sections-308, 504, 506, 394, 376(2)(G) IPC, Police Station- Eka, District-Firozabad and are in jail since 20.10.2007, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicants have been falsely implicated in the present case by the prosecutrix although during investigation her statement under section 164 Cr.P.C. was not recorded. He lastly submitted that the applicants who are in jail and have no criminal antecedents to their credit, are entitled to be enlarged on bail.
Per contra learned A.G.A. opposed the prayer for bail and submitted that the prosecutrix in her statement recorded during the trial has fully supported the prosecution case and, as such the applicants are not entitled to be released on bail at this stage during pendency of the trial.
Having heard learned counsel for the parties and perused the record, I am not inclined to enlarge the applicants on bail at this stage during the pendency of the trial. The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the trial court is directed the conclude the trial of the applicant within a period of eight 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 hereinabove, the applicant may move fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 26.4.2018/MT**