This is a second bail application rejected due to the applicant's criminal history and serious allegations. The High Court directed the trial court to conclude the trial as early as possible under Section 309 Cr.P.C. to ensure a speedy trial.
The second bail application is rejected; the trial must be concluded as early as possible under Section 309 Cr.P.C.
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Court No. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 35486 of 2018 Applicant :- Santosh Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Dinesh Pratap Singh, learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA appearing for the State.
This is a second bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.149 of 2015(S.T. No. 148 of 2016), under Section 302, 201, 120-B, 34, 147, 148, 364, IPC, Police Station Lohta, District Varanasi.
This is the second bail application. The first bail application was rejected on 25.04.2017. We have perused the order dated 25.04.2017. The applicant is languishing in jail since 24.12.2015.
Sri Yogeshwar Rai, learned AGA appearing for the State has opposed the prayer for bail with the contention that there are criminal history of the applicant of 24 cases.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the averments as contained in the present bail application as well as in view of the principle as has been laid down by the Hon'ble Apex Court in the case of Neeru Yadav Vs. State of U.P. And Another; AIR 2015 SC 3703, Neeru Yadav Vs. State of U.P. and Another; 2015 (1) ACR 1 (SC), Chandrakeshwar Prasad @ Chandu Babu Vs. State of Bihar and Another With State of Bihar Vs. Md. Shahabuddin; AIR 2016 SC 4524, Abdul Basit @ Raju and Others Vs. Mohd. Abdul Kadir Chaudhary and Another; 2014 (10) SCC 754 and in Ram Kishan Singh Vs. State of U.P. Thru' Prin. Secy. And 4 Others passed by this Court on 20.02.2017 in Criminal Misc. Writ Petition No. 1648 of 2017, Asha Ranjan vs. State of Bihar & Ors. passed in writ Petition (Criminal no.132 of 2016 on 15.02.2017) and State of Bihar v. Rajballav Prasad; 2017 (2) SCC 178 and looking to the criminal history of the applicant and also looking to the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.
Accordingly, the second bail application of the applicant is hereby rejected.
However, looking the facts that the applicant is in jail since the 24.12.2015, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded as early as possible 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.
Order Date :- 26.4.2019/VKG
3 issues framed by the court
Whether bail should be granted to the applicant despite his criminal history and the serious nature of the offence.
Whether directions under Section 309 Cr.P.C. for speedy trial are necessary to discharge the right to a speedy trial.
Whether the principles laid down in various Apex Court judgments are applicable to the facts of the present case.
Colour shows how this judgement treated each authority
Neeru Yadav Vs. State of U.P. And AnotherReferred¶6
Neeru Yadav Vs. State of U.P. And Another; AIR 2015 SC 3703 · Who else cites this
Neeru Yadav Vs. State of U.P. and AnotherReferred¶6
Neeru Yadav Vs. State of U.P. and Another; 2015 (1) ACR 1 (SC)
Chandrakeshwar Prasad @ Chandu Babu Vs. State of Bihar and AnotherReferred¶6
Chandrakeshwar Prasad @ Chandu Babu Vs. State of Bihar and Another With State of Bihar Vs. Md. Shahabuddin; AIR 2016 SC 4524
Abdul Basit @ Raju and Others Vs. Mohd. Abdul Kadir Chaudhary and AnotherReferred¶6
Abdul Basit @ Raju and Others Vs. Mohd. Abdul Kadir Chaudhary and Another; 2014 (10) SCC 754 · Who else cites this
Ram Kishan Singh Vs. State of U.P.Referred¶6
Ram Kishan Singh Vs. State of U.P. Thru' Prin. Secy. And 4 Others
Asha Ranjan vs. State of Bihar & Ors.Referred¶6
Asha Ranjan vs. State of Bihar & Ors.
State of Bihar v. Rajballav PrasadReferred¶6
State of Bihar v. Rajballav Prasad; 2017 (2) SCC 178 · Who else cites this
Vinod Kumar v. State of PunjabReferred¶9
Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 · Who else cites this
Hussain and Another v. Union of IndiaReferred¶9
Hussain and Another v. Union of India; 2017 (5) SCC 702 · Who else cites this
1 provisions across 1 enactments
Santosh Shukla
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
