Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41577 of 2020 Applicant :- Safik Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kumar Shukla,Adarsh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
This bail application has been filed on behalf of the applicant involved in Case Crime No.245 of 2020, under Sections 406, 420, 467, 468 & 471 IPC, Police Station- Shohratgarh, District- Siddharth Nagar.
It is contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is next contended that the only allegation against the applicant is that he was accompanying the main accused Vakeel. Alleged recovery of Rs. 3,00,000/- is not correct. After selling his buffaloes, he was having cash money. It is next contended that co-accused Guddu @ Hameedurrahm has been enlarged on bail by this Court in Criminal Misc. Bail Application No. 40666 of 2020 vide order dated 23.11.2020. Applicant is having no criminal history and he is languishing in jail since 18.9.2020.
Learned A.G.A. has vehemently opposed the bail application and submitted that co-accused Guddu @ Hameedurrahm was not named in the FIR and further there is direct allegation against the applicant. He also pointed out that bail of another co-accused Rafik, who was named in the FIR, was rejected by this Court vide order dated 25.11.2020 in Criminal Misc. Bail Application No. 41444 of 2020, therefore, the present bail application is liable to be rejected.
Considering the facts and circumstances of the case, the gravity of the offence, the nature of accusations and severity of punishment in case of conviction, there does not appear any good ground to release the applicant on bail.
Accordingly, the bail application is rejected.
At this juncture, learned counsel for the applicant prayed that the trial is proceedings at snail's speed, hence the trial court be directed to conclude it within some time bound period.
The prayer is allowed.
Keeping in view that the applicant is in jail since 18.9.2020, the trial court is directed to make all possible efforts to conclude the trial expeditiously, if possible, within a period of one year from the date of production of certified copy of this order.
Order Date :- 6.1.2021 Junaid Digitally signed by Justice Neeraj Tiwari Date: 2021.01.06 16:46:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad