Dismissed

Rajesh Patel v. State of U.P.

Allahabad HC8 May 2019BAIL/14727/2019

Case brief

AI extract

What is this about?

Court rejected third bail application and the short-term bail application for a rape case applicant. Directed trial conclusion within eight months under Section 309 Cr.P.C. citing Supreme Court precedents on delay. Visited delay principles and laid down timeline for trial completion.

What did the court decide?

Trial directed to be concluded within eight months. Fresh bail application liberty granted if trial delayed beyond eight months. Short term bail application dismissed.

Rajesh Patel Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. 3rd BAIL APPLICATION No. - 14727 of 2019

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Applicant :- Rajesh Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvesh Kumar Pandey,Parvesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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This is third bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.329 of 2014, under Sections 376, 506, IPC, and Section 3/4 of POSCO Act, Police Station Shivpur, District Varanasi.

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Heard Sri Parvesh Kumar Pandey, learned counsel for the applicant and Sri Rajesh Mishra, learned AGA for the State.

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This is third bail application moved on behalf of the applicant. The first two bail applications were rejected on 03.03.2016 and 17.10.2016.

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Perusal of the record shows that no subsequent development or new ground has been brought on record, apart from the fact that the applicant is languishing in jail since 20.12.2014 and till date the trial has not yet been concluded.

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In view of the above, no case for grant of any indulgence is made out.

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Accordingly, the bail application is hereby rejected.

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However, looking to the fact that the applicant is in jail since 20.12.2014, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded as early as possible preferably within a period of eight months from the date of production of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.

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In case the trial of the case is not concluded within a period of eight months, from the date of production of certified copy of this order, liberty is given to the applicant to file a fresh bail application before this Court itself.

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The short term bail/Parole application no.1 of 2019 dated 05.04.2019 is dismissed as infructuous, as the marriage ceremony of the sister of the applicant was already solemnized on 15.04.2019.

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Order Date :- 8.5.2019 VKG

Rajesh Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajesh Patel v. State of U.P.

Case brief

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What did the court decide?

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