In this second bail application, the High Court rejected the prayer for bail due to the stage of trial but directed the trial court to conclude proceedings within a month from the certified copy's date.
Bail denied; trial court directed to conclude trial within one month from certified copy date.
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Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2240 of 2018
Applicant :- Deena Nath @ Sheelu Opposite Party :- State Of U.P. Counsel for Applicant :- Birendra Singh,Bir Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 28.4.2014 passed in Criminal Misc. Bail Application no. 13720 of 2014.
Learned counsel for the applicant submitted that the new ground on which the applicant has now become entitled to be enlarged on bail, is that although the trial of the applicant was expedited by this Court within a period of eight months while rejecting the first bail application of the applicant but the same has not been concluded as yet and the applicant is languishing in jail since 1.12.2012.
Per contra learned AGA opposed the prayer for bail and submitted that since the trial of the applicant has already commenced and several witnesses of fact have been examined and in case the applicant is enlarged on bail at this belated stage of the trial by this Court after recording a prima facie finding in his favour specially when several witnesses are yet to be examined, the same may irretrievably prejudice the prosecution case at the trial and hence the applicant's prayer for bail at this belated stage is liable to be rejected.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this
stage of trial.
However considering the peculiar facts and circumstances of the case the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a month from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated herein above the applicant may move fresh bail application before this Court.
The applicant is directed to produce the certified copy of this order before the trial court for its compliance.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 27.4.2018 Faridul
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail at the belated stage of trial despite expedited proceedings.
Whether the trial court is directed to conclude the trial within a month to enable future bail applications.
Deena Nath @ Sheelu
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
