Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24245 of 2018 Applicant :- Siya Ram Bind Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kumar Mishra,Rajnish Dubey Counsel for Opposite Party :- G.A.,Vikas Tiwari
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present fifth bail application has been filed by the applicant involved in Case Crime No.137 of 2013, under Sections 302/34 IPC, P.S. Meja, District Allahabad with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It has been pointed out that first bail application of applicant was rejected on 3.02.2014 and the second bail application was rejected on 16.09.2014, third bail application was rejected on 07.08.2015, fourth bail application was rejected by this Court vide order dated 3.11.2017. It has been submitted while rejecting the 4th application of applicant, the trial court was directed to conclude the trial within a period of four months but despite that trial has not been concluded so far. It has been submitted that the applicant is languishing in jail since 27.05.2013 but trial is still pending and that applicant has no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that 4th bail application of applicant has already been rejected by this Court and that the trial of case is at final stage.
Perusal of record shows that as per report of the Trial Court concerned, four witnesses have already been examined and that remaining witnesses i.e. investigating officer and concerned doctor are being summoned through the warrants.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the fifth bail application of applicant Siya Ram Bind is hereby rejected.
However, learned trial court is directed to expedite the trial and the trial court shall ensure that the case is decided within a period of four months from the date of production/receipt of certified copy of this order.
Let a copy of this order be sent to the Trial Court by the office for necessary compliance.
Order Date :- 17.12.2021 Neeraj