The High Court of Allahabad rejected the second bail application of an applicant charged under IPC Sections 302 and 307. While denying bail due to his role in the fatal incident, the court directed the trial court to conclude the trial within six months.
Bail application dismissed; trial to be concluded within six months.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25338 of 2020
Applicant :- Shakir Mirza Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Singh,Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 471 of 2017, under Sections 302, 307, 452, 504, 506, 34, 120B I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Najibabad, district-Bijnor, is seeking enlargement on bail during the trial.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 13.9.2019 passed in Criminal Misc. Bail Application no. 35086 of 2018. The new ground on which the the applicant is seeking enlargement on bail during the trial, vide this application is that all the prosecution witnesses have not supported the prosecution case.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that applicant is the author of the solitary fire arm wound sustained by the deceased which resulted in his death. He next submitted that the applicant has shot the deceased without any provocation and hence considering his role he is not entitled to be enlarged on bail.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this stage of trial.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of six months from the date of order without granting unnecessary adjournments to either of the parties.
Subject to aforesaid direction, this bail application stands finally disposed of.
The party shall file computer generated copy of such order
downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.3.2021 Faridul
2 issues framed by the court
Whether bail should be granted to the applicant charged with murder and attempts to murder.
Whether the trial court must conclude the trial of the applicant within six months.
Shakir Mirza
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
