Manoj v. State of U.P.
Case brief
What is this about?
Second bail application rejected. Court noted trial delay due to pandemic but found no fresh grounds for bail, directing expeditious disposal.
What did the court decide?
Second bail application rejected with direction for expeditious trial disposal within six months.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11493 of 2021
Applicant :- Manoj Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Kushwaha,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant who is present virtually through video conferencing and learned A.G.A. for the State who is present in the Court and perused the record.
This second bail application has been given by the accused applicant Manoj in S.T. No. 224 of 2016 arising out of Case Crime No. 222 of 2016, under Sections 498-A, 304-B I.P.C. and section 3/4 Dowry Prohibition Act, P.S.- Chandauli, District - Chandauli.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that the bail application of the accused applicant was rejected by order dated 25.05.2018 by a coordinate Bench of this Court and the order is enclosed at page 11 of the bail application and in that order the trial court was directed to expedite the trail and conclude the same preferably within the period of nine month. The submission of the learned counsel is that some nine months have gone and the case is still pending and the accused applicant is languishing in jail since 31.07.2016, therefore, on this account the learned counsel has requested for a sympathetic view for the bail of the accused applicant. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail under the fresh circumstances of prolonged trial pending due to pandemic.
Parties & counsel
- applicant
Manoj
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/11493/2021
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