Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33371 of 2016 Applicant :- Shyamu Saxena Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Prashant Verma,Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is the second bail application moved on behalf of the applicant. The first bail application namely Criminal Misc. Bail Application No. 26301 of 2012 was rejected by Hon'ble Virendra Vikram Singh, J., as His Lordship then was, by order dated 16.05.2014.
I have heard learned counsel for the applicant and learned A.G.A. for the State. The only ground which has been raised by the learned counsel for the applicant in support of the prayer made for enlarging the applicant on bail during the trial is that although the applicant is in jail since 04.04.2012, his trial has not concluded till date for no fault of his and as such, he is entitled to be released on bail.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that the applicant's trial is now on the verge of conclusion and all the witnesses of fact examined during the trial have supported the prosecution case as spelt out in the F.I.R. and in case, the applicant is enlarged on bail by this Court at this stage of trial after recording a prima facie finding in his favour, the same may irretrievably prejudice the prosecution at the trial and hence, the bail application is liable to be rejected.
After having heard the learned counsel for the parties present and perused the material brought on record, I am of the opinion that the applicant is not entitled to be released on bail only on account of his languishing in jail since 04.04.2012.
Hence, the prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the concerned trial Judge is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of two 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, the applicant may move fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 23.8.2018 KS