Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25191 of 2021 Applicant :- Smt. Rani Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra
Hon'ble Sanjay Kumar Singh,J.
This is a second bail application. First bail application of the applicant being Criminal Misc. Bail Application No. 3433 of 2017 has been rejected by Hon'ble Vipin Sinha, J. (since retired) vide order dated 30.01.2017.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 46 of 2016, under Section 452, 504, 302/34 I.P.C., Police Station-Alau, District-Mainpuri, during the pendency of trial.
At the outset learned counsel for the applicant submits that the applicant is in jail since 16.05.2016 and before the trial court, case was fixed for final argument on 09.12.2020, but till date no final argument in the matter took place, therefore, considering the detention period of applicant, she is entitled to be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the trial of the applicant is at the fag end, therefore, the applicant is not entitled to be released on bail.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that the trial court in bail rejection order dated 04.12.2020 has mentioned that the case was fixed for final argument on 09.12.2020. The counsel for the applicant has not filed the copy of order sheet of 09.12.2020 and also not in a position to apprise the Court that what had happened thereafter.
In view of above, I do not find any good ground to enlarge the applicant on bail at this stage.
Accordingly, the application for bail of applicant is rejected.
However, the trial court is directed that in case trial has not been concluded, the same shall be concluded within four months from the date of production of copy of this order, without granting any adjournment to either of the parties, if there is no legal impediment.
Order Date :- 16.8.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.16 17:04:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad