Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20301 of 2019 Applicant :- Vijay Darshan Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Parmar,Hariom Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Virendra Singh Parmar, learned counsel for the applicant and Sri Arun Kumar Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 249 of 2018 under Sections 307, 323 and 504 I.P.C., P.S. Phase III, Noida, District Gautam Budh Nagar.
This is second bail application. It is argued by the learned counsel for the applicant that all the witnesses of fact have turned hostile including the injured. The statement of accused has also been recorded under Section 313 Cr.P.C. on 4.04.2019. Since the earlier bail was rejected by order dated 3.08.2018 by a speaking order after considering all the aspects of the case, the only additional ground which is set up by the learned counsel for the applicant is that long time has elapsed since passing of the first order; the accused applicant is in jail since 05.02.2018; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail.
Looking to the fact that the trial court has already recorded statement of accused under Section 313 Cr.P.C., this Court does not find good ground for enlarging the applicant, Vijay Darshan Sharma on bail.
The bail application of the applicant, Vijay Darshan Sharma is, accordingly, rejected.
It is further directed that the court below shall make all endeavour to decide this case expeditiously within a period of one month, if there is no legal impediment.
Order Date :- 31.5.2019 A. Mandhani