A criminal court rejected a bail application pending over six years due to the slow pace of trial involving delays in witness examination.
No; the bail application was rejected, but the trial court was directed to conclude the trial within one year.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40525 of 2020
Applicant :- Rajneesh Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Manvendra Singh, learned counsel for the applicant, learned A.G.A. and also perused the record.
Learned counsel for the applicant is seeking enlargement on bail of Rajneesh Gupta, the applicant, who is facing prosecution in S.T. No. 104 of 2014, Case Crime No. 125 of 2013, under Sections 498-A, 304-B, 323, 201 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Ghazipur, District-Fatehpur pending in the Court of Additional Sessions Judge, Court No. 1, Fatehpur and is in jail since 10.08.2013.
The only ground taken by the learned counsel for the applicant is the ground of detention. The applicant is in jail since 10.08.2013 and the aforesaid session trial is going on in snail speed. Only one accused has been examined so far. This is sorry state of affairs that after lapse of more than six years only solitary witness has been examined so far.
It is expected from the trail court that to hear and decide the S.T. No. 104 of 2014 on the top most priority and make all necessary endeavour to conclude the same within one year from the date of production of certified copy of this order strictly in accordance with law. Learned trial court is free to take all the possible measures prescribed in Code of Criminal Procedure to ensure the attendance of the witnesses.
Let the copy of this order be placed before the learned trial court apprising him about the desire of the Court for early conclusion of trial by 10th December 2021.
With this observation, the present bail application lacks merit and is accordingly rejected.
Order Date :- 25.11.2020 Sunil Kr. Gupta
2 issues framed by the court
Whether bail should be granted given the prolonged detention and slow pace of trial?
Whether the trial court is directed to conclude the trial within one year?
2 provisions across 2 enactments
Rajneesh Gupta
Rahul Chaturvedi
As recorded by the court registry
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