Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12043 of 2020 Applicant :- Suraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Shukla,Kripa Shankar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard learned counsel for the parties.
This is a repeat application on behalf of the applicant for grant of bail in Crime No.208 of 2017 under Sections 376, 504, 506 of IPC and Section 3/4 of POCSO Act, Police Station Kalyanpur, District Kanpur Nagar.
Learned counsel for the applicant submits that on 11.9.2019, while rejecting the first bail application of the applicant, the trial Court was directed to conclude the trial within one year, however, the trial Court has not concluded the trial till date and even not a single witness has been examined.
Per contra, opposing the bail application, it has been argued by learned State Counsel that due to extraordinary situation on account of Covid-19 pandemic, there may not be any progress in the trial, but it does not entitle the applicant for grant of bail. He submits that gravity of the offence is required to be seen and, the present is a case where heinous crime has been committed by the applicant.
Considering the facts and circumstances of the case, I am not inclined to release the applicant on bail. His bail application is rejected.
However, trial Court is directed to conclude the trial within four months from the next date fixed for recording evidence.
Applicant is obliged to submit a copy of this order before the concerned trial Court. In addition, Registry to also send a copy of this order to the concerned trial Judge as also to the concerned Sessions Judge.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the representative of the applicant (s) along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 RKK/-