Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39755 of 2018 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Tej Kulshrestha,Vinay Singh,Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit has been filed today is taken on record.
Heard learned counsel for the applicant and the learned AGA appearing on behalf of the State.
This is a second bail application on behalf of the applicnt, Vikas in connection with Case Crime No. 422 of 2017, under Section 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Baraut, District Baghpat.
While rejecting the first applicant for bail, this Court had expedited the trial vide order dated 05.01.2018 passed in Criminal Misc. Bail Application No. 424 of 2018. The trial was expedited in terms of the following direction:
"However, looking to the period of detention of the applicant, it is directed that trial pending before the concerned court be concluded expeditiously, as early as possible, preferably within six months from the date of receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of the Hon'ble Supreme Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court shall initiate necessary coercive measures for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance."
When this Court directed that the trial be concluded as early as possible preferably within six months, it was not meant that trial should go on for more than thirteen months. So far, as the learned counsel for the applicant states that three witnesses of fact have been examined whereas there are in all nine witnesses.
This Court has considered the merits of the matter.
No new circumstance, in the opinion of this Court, emerges as to entitle the applicant to bail. The bail application is, accordingly, rejected at this stage.
The trial court is directed to proceed with S.T. No. 316 of 2017 'State vs. Naresh and others' on a day to day basis and conclude the trial within a period of two months from the date of receipt of a copy of this order.
Let a copy of this order be communicated to the Trial Court through the learned Sessions Judge, Baghpat by the office within a weeks for information and compliance.
Order Date :- 29.4.2019 Deepak