Criminal Misc. Bail Application rejected at the advanced stage of trial despite counsel's submission that fact-witnesses were examined. Court directed trial court to complete proceedings by June 30, 2021.
Bail application rejected; trial to be concluded by 30.6.2021.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34182 of 2019
Applicant :- Smt. Rajkumari Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Rao Counsel for Opposite Party :- G.A.,Ashwini Kumar Ojha
Hon'ble Rahul Chaturvedi,J.
Heard Shri Rajesh Kumar Rao, learned counsel for the applicant; Shri Ashwini Kumar Ojha, learned counsel for the complainant and learned A.G.A. Perused the record.
This is the second bail application moved on behalf of applicant who is facing prosecution in Case Crime No.150 of 2017, u/s 498A, 304B, 323, 504, 326 I.P.C. and Section 3/4 D.P. Act, P.S.Moth, District-Jhansi. First bail application was rejected by this court on 8.8.2018.
Submission of learned counsel for the applicant is that all witnesses of fact have been examined and only formal witnesses are left to be examined, therefore, the applicant may be released on bail.
Keeping in view the fact that the trial is already progressing and all witnesses of fact have been examined, this Court does not deem it fit and proper to enter into the details of the factual matrix of the case and pass any speaking order on the point of bail at this advanced stage of trial.
Under such circumstances, I am not inclined to exercise my discretionary power in favour of the applicant. The bail application, therefore, stands rejected.
Keeping in view the extraordinary situation now-a-days, it is very hard to expect from learned trial Judge to adhere the directions of the Court in letter in spirit, however, since the trial has reached at the advanced stage, therefore, it is expected from the trial court to gear up the matter and take it on priority basis and make all necessary endeavours to conclude the trial latest by 30th June, 2021 provided the applicant shall serve the copy of this order to the trial court within 15 days from today.
Order Date :- 2.11.2020 M. Kumar
1 issue framed by the court
Whether bail should be granted to the applicant at the advanced stage of trial when only formal witnesses remain.
Smt. Rajkumari
Rahul Chaturvedi
As recorded by the court registry
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