Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36291 of 2018 Applicant :- Vineeta Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shesh Narain Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a second bail application on behalf of the applicant, Vineeta Yadav, in Case Crime no.2468 of 2017, under Sections 498-A, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar. The first bail application being Criminal Misc. Bail Application no.1367 of 2018 was rejected vide order dated 02.02.2018 attended with a direction to the trial court to conclude the trial within a period of six months from the date of communication of a copy of that order in accordance with the provisions of Section 309 Cr.P.C. and the principles laid down in the decision of the Hon'ble Supreme Court in Vinod Kumar vs. State of Punjab, reported in (2015) 3 SCC 220. The order was subject to the only defeasance of there being a legal impediment.
The present bail application has been filed bringing to the notice of the Court the depositions of various witnesses of fact, who have so far testified. By now all witnesses of fact have been examined as urged by the learned counsel for the applicant. Learned counsel for the applicant has taken the Court those depositions.
Learned A.G.A. has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, this Court does not find any fresh ground for bail, again at this stage.
The bail application stands rejected again at this stage.
However, looking to the fact that the applicant is a woman and is now in detention since 30.10.2017, and all witnesses of fact have been examined, numbering three, the trial court is directed now to proceed with this case on a day to day basis and conclude the same within a period of two months positively. In case the remaining witnesses are not appearing on the process issued, immediate coercive processes shall be issued against them to secure their attendance before the court to meet the schedule indicated by this Court.
Let a copy of this order be communicated to the trial court concerned through the Sessions Judge, Sant Kabir Nagar by the Registrar General.
Order Date :- 22.1.2019 Anoop