Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46914 of 2018 Applicant :- Rajman Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Prasad Yadav,Munna Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri M.P. Yadav, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. on behalf of the State.
This is a second bail application in Case Crime No. 113 of 2017, under Sections 498-A, 304-B, 323 and 326 I.P.C. and Section 3/4 D.P. Act, Police Station Raunapar, District Azamgarh.
Vide order dated 01.04.2019 the Trial Court was required to submit an explanation as to why the trial has not been concluded within six months in compliance with the earlier order dated 16.03.2018, passed in the first bail application.
An explanation has been received from the Sessions Judge after a further order dated 22.04.2019, besides that of the Trial Court dated 11.04.2019, saying that eight witnesses have been examined so far, and now, only the Investigating Officer remains to be examined.
Considering the said fact, the S.S.P., Azamgarh is directed to ensure that the Investigating Officer of Case Crime No. 113 of 2017, under Sections 498-A, 304-B, 323, 326 I.P.C. and Section 3/4 D.P. Act, Police Station Raunapar, District Azamgarh positively appears before the Trial Court on the next date fixed and testifies. Once the Investigating Officer appears his evidence will be recorded on a day to day basis and he will not be discharged till his evidence is over. The Trial Court will proceed to conclude the sessions trial within a period of six weeks next positively.
Considering the submissions of the learned counsel for the applicant and the learned A.G.A. on the merits of the plea for bail, there is no good ground again at this stage to enlarge the applicant on bail. The bail application is again rejected at this stage.
Let a copy of this order be communicated to the learned Additional Sessions Judge/Special Judge, Azamgarh, the Trial Court where S.T. No. 416 of 2017, State vs. Rajman, (arising out of Case Crime No. 113 of 2017) is pending through the Sessions Judge, Azamgarh and also to the S.S.P., Azamgarh by the Registrar General within 72 hours.
Order Date :- 29.4.2019 BKM/-