Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4421 of 2019 Applicant :- Smt. Sharda Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Prem Prakash Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Anil Srivastava, Senior Advocate assisted by Sri Prem Prakash, 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. 99 of 2015, under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S.- Koraon, District- Allahabad, is seeking enlargement on bail during the trial.
This is the second bail application moved on behalf of the applicant. The first bail application of the applicant was rejected by me by a detailed order dated 23.8.2018.
It is contended by the learned counsel for the applicant that despite the direction issued by this Court while rejecting the first bail application of the applicant by a detailed order dated 23.8.2018 to the trial court to conclude the applicant's trial within a period of three months from the date of production of certified copy of this order but the applicant's trial has not been concluded till date and hence he is entitled to be enlarged on bail during the pendency of the trial.
Per contra Smt. Manju Thakur, learned A.G.A. 1st opposed the prayer for bail and submitted that the applicant has been nominated as an accused by the deceased in her dying declaration and in view of the above, he is not entitled to released on bail on the ground urged by the learned counsel for the applicant.
After having heard the submissions advanced by the learned counsel for the parties and perused the material brought on record. Certified copy of the order passed by this Court on 23.8.2018 was filed by the applicant before the trial court on 5.9.2018. Order sheet of the trial court indicates that out of ten witnesses whom the prosecution propose to examine during the trial, the evidence of only three witnesses have been recorded. In view of the above, although the prayer for enlarging the applicant on bail at this stage is rejected but a direction is given to the concerned trial judge to ensure that the applicant's trial is concluded within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove, it shall be open to the applicant to renew the prayer for bail before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 29.5.2019/SA