Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2405 of 2020 Applicant :- Sumit Opposite Party :- State of U.P.
Counsel for Applicant :- M.C. Singh,Dushyant Singh Counsel for Opposite Party :- G.A.,Deepak Dubey
Hon'ble Pritinker Diwaker,J.
Heard Sri Dushyant Singh, learned counsel for the applicant, Sri P.S. Jadon, learned A.G.A. for the State and Sri Deepak Dubey, learned counsel for the informant and perused the record.
This repeat bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in connection with Crime No. 1322 of 2016, under Sections 302, 307, 34, 452 I.P.C, Police Station Kotwali Nagar, District Bulandshahr.
First bail application of the applicant was dismissed as withdrawn on 17.04.2019 with a direction to the trial court to conclude the trial expeditiously.
Learned counsel for the applicant submits that total five witnesses including witnesses of fact, Autopsy Surgeon and Investigation Officer have already been examined and even if all the evidence is considered as it is, applicant cannot be convicted for any offence. He submits that the applicant is in jail since 07.11.2016 and, therefore, also he is entitled for bail.
Opposing this submission, it has been argued by the State counsel that Rajkumar Sharma (PW-1), informant and eye witness to the incident has duly supported the prosecution case and his statement is sufficient to convict the applicant. He further submits that once, the trial is at the verge of conclusion, without appreciating the evidence, direction can be issued to the trial court for early disposal of the trail.
Considering the facts and circumstances of the case, I am not inclined to release the applicant on bail.
The bail application is accordingly rejected.
However, trial court is directed to conclude the trial as expeditiously as possible preferably within six months from the next date of recording the evidence. The trial court shall ensure that no unnecessary adjournment is being granted to the parties.
The trial court will not be influenced by this order rejecting the bail application of the applicant as this Court has not appreciate the evidence in any manner and the trial court shall expedite the trial on the basis of appreciation of evidence.
Applicant is obliged to produce the copy of this order before the trial court. Registry shall also forward a copy of this order to the concerned trial court and concerned District Judge.
Order Date :- 30.9.2021 SK