Criminal Bench rejected a bail application filed under Section 439 Cr.P.C. during the pendency of trial. The court directed the trial court to expedite the proceedings under Section 309 Cr.P.C. within six months.
Bail application rejected; trial directed to conclude within six months under Section 309 Cr.P.C.
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Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8240 of 2020 Applicant :- Bhagat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Hridesh Batra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Hridesh Batra, learned counsel for the applicant, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Bhagat Singh seeking enlargement on bail during trial in connection with Case Crime No. 303 of 2019, under Sections 302 I.P.C., registered at P.S. Masuri, District Ghaziabad.
Learned counsel for the applicant argued that in present case trial is going on being Sessions Trial No. 693 of 2019 State of U.P. Vs. Bhagat Singh pending before the Sessions Judge, Ghaziabad, in which, statements of PW-1 Lakhpat and PW-2 Pradeep have been recorded and both the witnesses have been declared hostile. The First Information Report has been lodged against unknown persons by the applicant himself. Since the two witnesses have not supported the prosecution case, the applicant deserves to be released on bail as there are very bleak chance of his conviction.
Per contra, learned AGA opposes the prayer for bail and argued that since the trial is in progress, releasing the applicant at this stage, may have an adverse effect in the trial.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail at this stage since the trial is in progress.
The bail application is, accordingly, rejected.
However, at this stage, learned Senior counsel states that a direction may be given to the trial court for expeditious disposal of trial. Accordingly, trial court is directed to expedite the trial and make an endeavour to conclude the same, strictly in accordance with Section 309 Cr.P.C., preferably within a period of six months, without granting unnecessary adjournment to either of the parties, subject to any legal impediment.
Order Date :- 3.3.2020 M. ARIF
(Samit Gopal, J.)
2 issues framed by the court
Whether the applicant deserves release on bail during trial given the precarious nature of evidence and declaration of witnesses as hostile.
Whether a direction for expeditious disposal of the trial should be issued.
2 provisions across 1 enactments
Bhagat Singh
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
