Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40538 of 2021 Applicant :- Ramesh Chandra Pasi Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava,Vivek Kumar Srivastava 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. 475 of 2017, under Sections 302, 201 and 120B I.P.C., P.S. Saini, district-Kaushambi, who has no criminal antecedents to his credit and is in jail since 5.9.2017, 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 12.12.2019 passed in Criminal Misc. Bail Application no. 13421 of 2018. The new ground on which the applicant has now become entitled to be enlarged on bail, is that the applicant is languishing in jail for the last two years and in the first bail application the trial court was directed to conclude the trial within a period of six months from the date of production of certified copy of the order but the trial could not be concluded till date.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that the trial could not be concluded due to pandemic COVID-19. He also submits that eight prosecution witnesses have been examined. Only formal witnesses remain to be examined and the trial is about to conclude.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, this Court is not inclined to enlarge the applicant on bail, hence the bail application is accordingly rejected.
The bail application is accordingly rejected.
Order Date :- 17.12.2021 Faridul Digitally signed by FAREEDUL HASAN Date: 2022.10.17 14:13:07 IST Reason:
Location: High Court of Judicature at Allahabad