Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31926 of 2019 Applicant :- Vimlesh Alias Dhadhu Opposite Party :- State of U.P.
Counsel for Applicant :- Noor Muhammad,Shri Prakash Dwivedi,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Shri Prakash Dwivedi, counsel for the applicant and Sri Ankit Prakash, counsel for the State and perused the material on record.
This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during trial in connection with Crime No. 874 of 2014, under Sections 302, 201 of I.P.C registered at Police Station Shikohabad, District Firozabad.
The first bail application was rejected by this Court vide order dated 25.10.2018.
Counsel for the applicant submits that there is no substantial progress in the trial and three witnesses have been examined. He submits that as the trial is likely to take some more time, the applicant be released on bail.
State counsel submits that only formal witnesses are to be examined and direction can be issued to the trial court to conclude the trial within a stipulated period. He submits that even there is no document from the court showing that trial court was made aware about the order passed by the High Court. State counsel further submits that on account of Covid- 19 Pandemic, trial may not be concluded, but it does not entitle the applicant for grant of bail.
Considering the facts and circumstances of the case, I am not inclined to release the applicant on bail.
The second bail application is, accordingly, rejected.
However, as three witnesses have already been examined, trial court is directed to conclude the trial as expeditiously as possible, preferably within five months from the next date of hearing.
The applicant is obliged to furnish a copy of this order before the trial judge. Registry is also directed to send a copy of this order to the trial judge.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
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 RK