Anil v. State of U.P.
Case brief
What is this about?
Court rejected a second bail application filed by accused in an IPC 302/120-B case. Appeal for speedy trial was directed under Section 309 Cr.P.C. citing Supreme Court precedents, directing officials to ensure witness production.
What did the court decide?
Trial to be concluded as early as possible; DM and SSP directed to produce witnesses.
What the court decided
Court No. - 51 Case :- CRIMINAL MISC. 3rd BAIL APPLICATION No. - 44276 of 2018
Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Shilpa Ahuja, learned counsel for the applicant and Sri Rajesh Mishra, learned AGA 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.1153 of 2015, under Sections 302 and 120-B, IPC, Police Station Atrauli, District Hamirpur.
This is the third bail application moved on behalf of the applicant. The first two bail applications was rejected on 24.01.2017 and 08.03.2018.
The counsel for the applicant has pressed this third bail application solely on the ground that till date the trial has not yet been concluded and the witnesses are not appearing before the court concerned.
Perusal of record shows that no subsequent development or new ground has been brought on record. The applicant is the main accused. He has motive to commit the offence. The applicant is languishing in jail since 04.02.2016 with no previous criminal history.
In view of the above, no case for grant of any indulgence is made out.
Issues for consideration
2 issues framed by the court
Whether bail application should be allowed despite pendency of trial due to non-appearance of witnesses.
Whether District Magistrate and SSP are directed to ensure production of witnesses if bailable warrants fail.
Parties & counsel
- applicant
Anil
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/44276/2018
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