Rukhsat Hussain @ Bihari @ Rukhsar v. State of U.P.
Case brief
What is this about?
The High Court rejected the third bail application of an accused charged with extortion and criminal breach of trust. Despite evidence recording and no good ground for bail, the Court directed the trial court to expedite the trial within four months.
What did the court decide?
The bail application was rejected; however, the trial court was directed to expedite the trial and conclude it within four months.
What the court decided
Court No. - 1
Case :- CRIMINAL MISC. 3rd BAIL APPLICATION No. - 5815 of 2017 Applicant :- Rukhsat Hussain @ Bihari @ Rukhsar Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Srivastava,Rajeev Kumar Singh Parmar,Sanjay Srivastava
Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Umesh Kumar holding brief of Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. appearing for the State and perused the record.
This is the third bail application moved on behalf of the applicant. The first two bail applications moved on behalf of the applicant were rejected by this Court vide orders dated 16.7.2014 and 26.2.2016 respectively.
The new ground which has been argued by learned counsel for the applicant is that the applicant is languishing in jail since 13.12.2013 and evidence of all the prosecution witnesses have been recorded.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that the applicant has a long criminal history of 15 cases, out of which 3 case are under Section 302 I.P.C. except the present case and if the applicant would be released on bail he would abscond.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant-Rukhsat Hussain @ Bihari @ Rukhsar involved in S.T.No.812 of 2014, Case Crime No.629 of 2013, under Sections 395, 397, 412 I.P.C., Police Station Meerganj, District Bareilly.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant given his long criminal history and risk of absconding.
Whether the trial court should be directed to expedite the trial of the case.
Parties & counsel
- applicant
Rukhsat Hussain
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/5815/2017
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