Court No. - 17
Case :- CRIMINAL MISC.IIIrd BAIL APPLICATION No. - 12199 of 2019 Applicant :- Rahul Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandan Bhagat,Amit Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
This application has been filed seeking prayer for bail on behalf of applicant- Rahul Sharma, involved in Case Crime No.639 of 2013, under Sections 302, 394 I.P.C. PS.Kasna, District Gautam Buddh Nagar.
Learned counsel for the applicant has submitted that this is third bail application. First Bail Application was rejected by Hon. Dharnidhar Jha, J vide order dated 6.2.214 passed in Criminal Misc.Bail Application No.3543/14 and second bail application was rejected by this Court on 23.2.2018 passed in Criminal Misc.Bail application No.17061 of 2018. Learned counsel for the applicant has next submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is in jail since 12.8.2013 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has vehemently opposed the prayer for bail. The trial is already in progress and six witnesses have already been examined.
From a perusal of the record, it appears that there is no new ground to release the applicant on bail.
In view of the above, I do not find it to be a fit case for bail. The bail application is, accordingly, rejected.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 29.5.2019 Rk