Single Bench rejected bail application for Vikram @ Bantu in murder case, finding it not a fit case for bail. Court directed trial court to conclude trial within six months.
Bail application rejected; trial to be concluded within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8479 of 2020
Applicant :- Vikram @ Bantu Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Noor Muhammad, learned counsel for the applicant and the learned A.G.A.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Vikram @ Bantu , seeking enlargement on bail during trial in connection with Case Crime No. 297 of 2019, under Sections 302, 394, 411 I.P.C., registered at P.S. Ramgarh, District Firozabad.
Learned counsel for the applicant argued that in the present matter the trial has started being Special Sessions Trial No. 1960 of 2019 pending in the court of Additional Sessions Judge, Court No. 8, Firozabad in which 03 prosecution witnesses have been examined. One of the witness has been declared hostile and from the statements as recorded of the other two witnesses, it is clear that they did not support the prosecution version. It is further argued that there are no chances of conviction and as such the applicant be released on bail. The applicant is in jail since 18.07.2019.
Per contra learned A.G.A opposed the prayer for bail and argued that since the trial is in progress, releasing of the applicant at the present moment will have an adverse effect as there are chances of his tampering the evidence and threatening the witnesses.
Looking to the facts and circumstances of the case,I do not find it a fit case bail, hence, the bail application is rejected at this stage.
However, the trial court is directed to expedite the Sessions Trial No. 1960 of 2019 and conclude the same preferably within a period of six months without giving any unnecessary adjournments to either of the parties strictly in accordance with Section 309 Cr.P.C., subject to any legal impediment.
Order Date :- 5.3.2020 AS Rathor
(Samit Gopal,J.)
2 issues framed by the court
Whether the applicant is entitled to bail during the pendency of the trial considering the risk of tampering evidence.
Whether the trial court is required to expedite the pending sessions trial.
2 provisions across 1 enactments
Vikram @ Bantu
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
