Roshan v. State of U.P.

Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35328 of 2021

Applicant :- Roshan Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Rai,Ravi Shankar Prasad(Senior Adv.) Counsel for Opposite Party :- G.A.

Hon'ble Suneet Kumar,J.

Heard Sri Ravi Shankar Prasad, learned Senior Counsel assisted by Sri Mithilesh Kumar Rai for the applicant and learned A.G.A. appearing for the State and perused the record.

This is the second bail application. The first bail application was rejected by this Court vide order dated 26.11.2020.

The changed circumstances for filing the instant bail application is that the applicant is languishing in jail since 10.06.2019; the trial is not proceeding expeditiously despite bailable warrants being issued to the prosecution witnesses; the prosecution witnesses are not participating in the trial. It is further urged that the ingredients of the offence under Sections 376-D and 120-B I.P.C. is not made out as the applicant has been made the sole accused. It is further urged that the applicant is innocent and has been falsely implicated in the instant case; hence the applicant is entitled to be enlarged on bail; applicant is having no other reported criminal antecedent; the trial is not likely to be concluded expeditiously in near future. Applicant undertakes to cooperate with the trial and not seek unnecessary adjournments except to leave of the Court; he further undertakes that if enlarged on bail, he will never misuse his liberty and will cooperate in the trial.