Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5223 of 2018 Applicant :- Tabrez Opposite Party :- State Of U.P. Counsel for Applicant :- Jag Narayan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Jag Narayan, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
This is the third bail application moved on behalf of applicant.
The first bail application has been rejected on merit by this Court on 22.8.2017 and the second bail application has been rejected in default.
The only submission of learned counsel for the applicant is that the charge against the applicant has been framed on 13.4.2017 but till date no witness has been examined by the prosecution.
Learned A.G.A. has vehemently opposed the prayer and submitted that the ground taken in third bail application for grant of bail is not sufficient.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case and taking a note of the fact that first bail application has been rejected on merit as the applicant is said to be the author of the injuries received by the injured, I do not find it to be a case of bail.
Accordingly, application for grant of bail of the applicant Tabrez who is involved in Case Crime No. 103 of 2016, under Sections 307 IPC, Police Station Jhansa, District-Varansi, is rejected.
However, looking to the facts and circumstances of the case, the Trial Court is directed to expedite the trial and decide the same at earliest preferably within the period of one year, if possible.
Order Date :- 26.2.2018 Neeraj