Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19911 of 2017 Applicant :- Prem Shankar @ Kallu Fauji Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This second bail application has been filed seeking the release of the applicant on bail in Case Crime No.137 of 2017, under Sections 302, 307 and 504 IPC, Police Station Jalalabad, District Shahjahanpur. The first bail application was rejected by this Court on 11.8.2016.
Submission of learned counsel for the applicant is that the trial has not yet concluded but the learned counsel for the applicant has been fair enough to admit that the trial is at the advance stage and all the witnesses of fact have already been examined and, therefore, the applicant may be released on bail.
Heard learned AGA and perused the record.
Perusal of the earlier bail rejection order reflects that one of the primary reasons for not granting bail to the applicant was the availability of prima facie material against him and apart from this, the commencement of the trial was also one of the factors which was considered by the Court and it was not found fit to give any finding on the basis of testimony produced in the court below as it was likely to cause prejudice to the trial this way or that way. The reason remains the same even now and it shall be very perilous to give finding on facts by this Court at this advance stage of the trial. Prima facie, there is sufficient material available against the applicant. This Court does not deem it fit to grant bail to the applicant at this advance stage of the trial.
In the aforesaid background, the second bail application stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
However, it is expected that the trial court shall make all sincere endeavours to expedite the proceedings of the trial and conclude the same as expeditiously as possible without granting unnecessary adjournment to either party.
Order Date :- 23.3.2018 CPP/-