Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34336 of 2021 Applicant :- Rakesh Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 34 of 2020, under Section 376 and 506 I.P.C., P.S. Dauki, district- Agra, is seeking enlargement on bail during the trial.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 9.12.2020 passed in Criminal Misc. Bail Application No. 28866 of 2020. The new ground on which the the applicant is seeking enlargement on bail during the trial, vide this application is that the alleged victim has not supported the prosecution case in her statement recorded before the trial court during her cross-examination. He lastly submits that the applicant has no reported criminal antecedent to his credit and is in jail since 24.2.2020 and his trial has not been concluded till date and as such he is entitled to be enlarged on bail.
Per contra learned AGA has opposed the prayer for bail and submitted that the alleged victim has supported the entire prosecution story in her statement recorded in examination in chief. He next submits that the accused was arrested soon after the commission of crime by two persons and he was handed over to the police, hence the applicant's prayer for bail at this stage is liable to be rejected.
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 fact and circumstances of the case, the trial court is directed to expedite the trial of the aforesaid case and conclude the same in accordance with the provisions contained in Section 309 Cr.P.C. within a period of six months from the date of production of a certified copy of this order.
Subject to aforesaid direction, this bail application stands finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Faridul