Criminal bail application rejected as a not fit case due to charge severity and ongoing trial. Trial court directed to expedite proceedings under Section 309 Cr.P.C.
Bail application rejected; trial directed to be expedited.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18775 of 2019
Applicant :- Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Khalid,Devendra Tiwari Deva,Sushil Kumar Pal Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Rajiv Joshi,J.
Heard Sri Sushil Kumar Pal, learned counsel for the applicant, learned A.G.A. for the State, Sri Anil Kumar, learned counsel for the informant/complainant and perused the record.
This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 694 of 2018, under Sections 420, 467, 468, 471, 504 IPC, P.S. Soron, District Kasganj, during pendency of trial.
The applicant is named in the first information report. As per the first information report, he had taken Rs. 7,60,000/- after giving assurance to the complainant and others that they will get a job of Ward-Boy in Budaun Medical College and when the complainant and others went to the house of the applicant and asked him to return their money, then he has given a cheque of Rs. 3,80,000/- and assured them that rest of the amount will be returned later on. Thereafter, the said cheque was deposited by the complainant in his bank account, which was dishonoured due to insufficient balance in the account.
It is contended by learned counsel for the applicant that applicant is innocent and he has falsely been implicated in the present case. The first information report has been lodged after delay of two years. It is next contended that the applicant is in jail since 07.02.2019, having no criminal history to his credit.
On the other hand, learned AGA as well as learned counsel for the informant/complainant vehemently opposed the prayer for bail and submitted that admittedly the cheque was given by the applicant to the informant as a part amount and till date the amount has not been returned by the applicant. It is further submitted that charge sheet in the matter has already been filed long ago and the trial has started in which some witnesses has already been examined.
Upon hearing learned counsel for the parties, perusal of record
and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, without commenting on the merits of the case, I do not find it a fit case for bail.
The bail application is, accordingly, rejected.
However, considering the facts and circumstances of the case, the trial court is directed to expedite proceedings and conclude the trial as expeditiously as possible in accordance with Section 309 Cr.P.C., if there is no legal impediment.
Order Date :- 7.12.2020 Noman
2 issues framed by the court
Whether the applicant is entitled to bail in the criminal trial.
Whether the trial should be expedited under the relevant provision of the Criminal Procedure Code.
1 provisions across 1 enactments
Arvind Kumar
Rajiv Joshi
As recorded by the court registry
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