Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23401 of 2016 Applicant :- Sunder Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Sachan,Ashwani Kumar Sachan,Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State; and perused the record.
This is a second bail application of the applicant in Case Crime No. 268 of 2013, under Sections 364A, 120B and 368 I.P.C., P.S. Surajkund, District Gautambudh Nagar.
The second bail application has been filed primarily on the ground that while rejecting the first bail application no. 13410 of 2014, vide order dated 29.09.2015, the Court had directed the trial court to conclude the trial within a period of six months from the date of production of certified copy of the order but, till date, the trial has not yet been concluded and the applicant has already suffered incarceration since 09.05.2013.
Learned A.G.A. has stated that the witnesses of fact and the prosecution evidence as well as defence evidence has already been recorded and, now, the case is at the stage of arguments and the prosecution witnesses have supported the case therefore it would not be appropriate to grant bail to the applicant, at this stage, particularly when the trial can be concluded within a specified period, as may be directed by this Court.
I have given thoughtful consideration to the submissions of the learned counsel for the parties.
As it is not in dispute that the evidence has already been led and the trial is at the stage of arguments, this Court considers it appropriate to dispose of this second bail application by requiring the trial court to conclude the trial, preferably, within a period of two months from the date of production of certified copy of this order.
The bail prayer is rejected with the aforesaid direction. The application stands disposed of as above Let a copy of this order be transmitted to the trial court through the Registry of this Court.
Order Date :- 30.3.2018 Sunil Kr Tiwari