Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34212 of 2018 Applicant :- Shiv Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- A Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in S.T. No. 604/2017 arising out of Case Crime No. 1346/2016, under Section 452, 302, 307 and 504 of IPC and Section 3(2)(5) of SC/ST Act, P.S. Kotwali, District Shahajahanpur. The first bail application was rejected by this Court vide order dated 28.04.2017.
Perusal of the record shows that no subsequent development or any new ground has been brought on record.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, looking to the fact that the appellant is in jail since 22.05.2016, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 26.10.2018 Ram Chander