Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15210 of 2021 Applicant :- Roshan Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Govind Saran Hajela,Shambhavi Nandan Counsel for Opposite Party :- G.A.,Krishna Kant Shukla,Prakhar Srivastava
Hon'ble Neeraj Tiwari,J.
Counter and rejoinder affidavits filed today are taken on record.
Heard learned counsel for the applicant, Sri Krishna Kant Shukla alongwith Sri Prakhar Srivastava, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
The present bail application has been filed by the applicant to release him on bail in Case Crime No. 1234 of 2019, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station Indirapuram, District Ghaziabad.
In paragraph 12 of the affidavit filed alongwith bail application, It is stated that the applicant has neat and clean antecedents and he has never been convicted by any court of law. The applicant is in jail since 24.12.2020, therefore, he may be released on bail.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant is having criminal history of seven cases and vide order dated 18.5.2021, learned counsel for the applicant was granted time to file supplementary affidavit explaining criminal history of the applicant. Later on criminal history of seven cases of the applicant was explained in the supplementary affidavit, which was seriously disputed by learned counsel for the informant.
Learned counsel for the informant submitted that applicant is having criminal history of 21 cases. This Court vide order dated 23.7.2021 had granted time to the counsel for the informant to file counter affidavit explaining criminal history of the applicant and in counter affidavit, criminal history of 31 cases of the applicant has been explained. Many of them are pertaining to Delhi, which were lodged under Section 138 N.I. Act and also many other cases pertaining to Sections 419, 420, 467, 468, 471 I.P.C., therefore, he is not entitled for bail.
In the rejoinder affidavit, learned counsel for the applicant could not dispute the criminal history of 31 cases of the applicant, which was disclosed by learned counsel for the informant.
I have considered the submissions advanced by learned counsel for the parties. No case for bail is made out. The bail application is accordingly rejected.
However, the trial court is directed to expedite the trial and conclude the same as expeditiously as possible, preferably within a period of nine months without granting Order Date :- 30.7.2021 Rmk.