In this bail application, the High Court rejected the applicant's plea for release on bail due to his history of criminal antecedents and reasonable apprehension regarding witness influence, while directing the trial court to expedite the proceedings.
No relief; bail application rejected; direction to trial court to expedite trial.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37925 of 2021
Applicant :- Guljar Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case; applicant having no previous criminal antecedents is languishing in jail since 17.6.2021, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that applicant has long history of criminal antecedents; applicant is habitual offender. It is not in public interest to release the applicant on bail. There is reasonable apprehension of the evidence/witnesses being tampered/influenced.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Guljar involved in Case Crime No. 469 of 2021, under Sections 4/5 of Explosives Act, P.S. Soraon, District Prayagraj.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 20.12.2021 S.Prakash
2 issues framed by the court
Whether bail should be granted to an applicant accused under Sections 4/5 of the Explosives Act with prior criminal antecedents.
Whether the trial should be expedited.
Guljar
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
