Abhishek Pandey v. State of U.P.
Case brief
What is this about?
Second bail application rejected as no new grounds emerged. Trial court directed to conclude trial within six months under Section 309 Cr.P.C. to aid student applicant in jail. Liberty to file fresh application if trial delayed further.
What did the court decide?
Application rejected; order directing trial court to conclude trial within six months and liberty to file fresh bail application if delayed.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 2024 of 2019 Applicant :- Abhishek Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Dwivedi,Dharmendra Dhar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Dharmendra Dhar Dubey, learned counsel for the applicant and Sri V. K. Pandey, learned AGA appearing on behalf of the State.
This second bail application moved on behalf of applicant Abhishek Pandey, praying to enlarge the applicant on bail in Case Crime No.90 of 2016, under Sections 376, 506, IPC, and Section 3/4 of POCSO Act, Police Station Tharvai, District Allahabad.
This is the second bail application filed on behalf of the applicant Abhishek Pandey. The first bail application of the applicant was rejected by this Court on 12.04.2018.
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 a student and has languishing in jail since 30.03.2016.
Accordingly, the application for second bail is hereby rejected at this stage.
However, while rejecting the first bail application of the application, a specific direction was issued to the trial court concerned to conclude the trial within a period of eight months from the date of production of certified copy of the order before the trial court concerned. The order was passed on 12.04.2018, but till date the trial has not yet been concluded.
Issues for consideration
3 issues framed by the court
Whether second bail application should be rejected in absence of new grounds.
Whether trial court should expedite conclusion of trial for student applicant languishing in jail.
Whether coercive measures are required for witness attendance.
Parties & counsel
- applicant
Abhishek Pandey
- respondent
State Of U.P.
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/2024/2019
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