Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24611 of 2018 Applicant :- Urmaan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is a second bail application of the applicant in case crime No.331 of 2015, under Sections 498-A, 304-B, 506 IPC and Section 3/4 of D.P. Act, P.S. Akbarabad, District Aligarh with the prayer to enlarge him on bail.
The first bail application No.39868 of 2016 was rejected by order dated 16.11.2016 by noticing that there existed a dying declaration of the deceased inculpating the applicant. While rejecting the first bail application the trial court was directed to conclude the trial within seven months from the date of production of the order.
The second bail application has been fled by claiming that the trial has not been concluded and that the applicant has suffered incarceration since 20.11.2015.
This Court had directed Session Judge, Aligarh to submit a report as regards non completion of the trial despite order of this Court dated 16.11.2016.
The 05th Additional Session Judge, Aligarh, who is seized with concerned sessions trial, has submitted a report through the Session Judge, Aligarh, indicating that the order dated 16.11.2016 passed by this Court in bail application was never brought on record of the trial court proceedings and, in fact, it was never submitted by the defence counsel. He has also informed the Court that all the eight witnesses have been examined and statement of the accused has been recorded under Section 313 Cr.P.C. It has been pointed out that the trial is fixed for recording of defence evidence.
As the trial appears to be at an advanced stage and the trial court proceeding can be concluded expeditiously if the applicant cooperates in the proceedings, no case for grant of bail, at this stage, is made out, keeping in mind that there had been a dying declaration. The bail application is, accordingly,
rejected with a direction upon the trial court to ensure expeditious conclusion of the trial, preferably, within next three months, without entertaining unnecessary adjournments from the parties.
Let a copy of this order be sent to the trial court for information.
Order Date :- 26.4.2019 AKShukla/-