Single-judge criminal court rejected the third bail application of Ram Nawal Yadav in a pending case involving IPC offences, finding no new grounds beyond the ongoing trial. The court directed the trial court to expedite proceedings.
Bail application rejected; trial directed to be expedited under Section 309 Cr.P.C.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25575 of 2020
Applicant :- Ram Nawal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shri Niwash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is third bail application filed for releasing the applicant on bail in Case Crime No. 1510 of 2015, under Sections 498A, 326, 323, 504, 506 IPC, P.S. Ghosi, District Mau, during pendency of trial. First and second bail application has been rejected vide orders dated 21.04.2016 and 24.01.2017 respectively.
It is contended by learned counsel for the applicant that applicant is innocent and he has falsely been implicated in the present case.
A perusal of the record shows that no subsequent development or any new ground has been brought on record except the fact that the trial has not yet been concluded. As per the order sheet of the trial, it is apparent that statements of PW-1 and PW-2 have been concluded and remaining witnesses has to be examined yet.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, considering the facts and circumstances of the case, the trial court is directed to expedite the trial strictly in accordance in with Section 309 Cr.P.C. preferably on day to day basis and conclude the same at an early date, if there is no legal impediment.
Order Date :- 15.12.2020
Noman
3 issues framed by the court
Whether bail should be granted to the third-time applicant in a pending trial with serious allegations.
Whether the trial court is directed to expedite the trial under Section 309 Cr.P.C.
Whether new grounds were established in the third bail application compared to previous rejections.
1 provisions across 1 enactments
Ram Nawal Yadav
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
