Bandhu v. State of U.P.

Court No. - 1

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24499 of 2015

Applicant :- Bandhu Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar,Bairister Singh Counsel for Opposite Party :- Govt. Advocate

Hon'ble Ramesh Sinha,J.

Heard Sri Bairister Singh, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.

It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant could not appear before the trial court due to some unavoidable circumstances, hence non-bailable warrant was issued against him and thereafter he was arrested on 3.5.2014. The co-accused Rampal was tried and convicted by the trial court, against which he has preferred an Criminal Appeal No.3822 of 2005. In the said appeal, lower court record of the said case has been summoned by this Court. The applicant is in jail since 30.5.2014.

Learned AGA opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail. The bail application of the applicant Bandhu involved in case crime no.17 of 1995, u/s 302, 394, 201, 147, 148, 149, 411 IPC, P.S. Naugarh, district Chandauli is, accordingly, rejected. The registrar General of this Court is directed to transmit the lower court record immediately to the lower court summoned in the aforesaid Criminal Appeal No.3822 of 2005. As soon as the lower court record is received by the trial court, the trial of the case shall be conclude by the trial court on day-to-day basis preferably within the period of three months, if there is no legal impediment.