Rohit v. State of U.P.
Case brief
What is this about?
In a bail application connected to a case under Sections 307, 504, 506 I.P.C., the Single Judge rejected the plea of elaborate on bail for Rohit. The rejection was based on his long criminal history. The court directed the trial court to expedite the trial within six months.
What did the court decide?
The bail application is rejected. The trial court is directed to conclude the trial within six months.
What the court decided
A compact analysis
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Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9419 of 2020 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Kuamr Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Bhupendra Kuamr Tripathi, 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, Rohit , seeking enlargement on bail during trial in connection with Case Crime No. 174 of 2017, under Sections 307, 504, 506 I.P.C., registered at P.S. Shiwala Kalan, District Bijnor.
Learned counsel for the applicant argued that the applicant is not named in the F.I.R and even in the statements of any of the witnesses. Subsequently, on 15.11.2017 he has been named in the statement of co-accused (Vishal). It is further argued that the applicant has a criminal history of 13 cases which have been mentioned and explained from paragraphs 22 to 35 of the affidavit. It is argued that the applicant has been falsely implicated in the present case and is in jail since 21.03.2018.
Per contra learned A.G.A opposed the prayer for bail and argued that the applicant has a long criminal history in which there are offences of serious nature also. In one of the cases under Section 302 I.P.C. he is still in jail and has not been granted bail in spite of the fact that the same is of the year 2017. The applicant being a hard core criminal does not deserve any sympathy and the bail application be dismissed.
After hearing learned counsel for the parties and perusing the material on record, in my opinion looking to the long criminal history of the applicant and the nature of cases in which he is involved this bail application is hereby, rejected.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to an applicant with a long criminal history involving serious offences during trial.
Whether the trial court is directed to expedite the trial of the pending case.
Parties & counsel
- applicant
Rohit
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/9419/2020
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