This short order further rejects a second bail application filed by Nadeem Khan under Section 307 IPC pending trial. The High Court advises the trial court to conclude the trial within six months and holds that bail is rejected.
Bail rejected. Court directed trial to conclude within six months and applicant to cooperate.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47014 of 2020
Applicant :- Nadeem Khan Opposite Party :- State of U.P. Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant through virtual mode and learned A.G.A. Perused the record.
This is the second bail application moved on behalf of applicant seeking his enlargement on bail during pendency of trial in Case Crime No.1008 of 2017 (S.T. No.23/2018), u/s 307 I.P.C., P.S.-Chakeri, District-Kanpur Nagar.
First bail application of the applicant was rejected by Hon'ble Justice Govind Mathur, the then Chief Justice, on 9.1.2020 by mentioning that the injured has already been examined by the trial court, as such he was not inclined to grant bail at that stage. It has been contended by learned counsel for the applicant that the applicant is languishing in jail since 26.9.2017 and the trial is progressing with snail's speed.
Indeed now-a-days are trying conditions on account of Covid19, as such, the Court cannot give a straight jacket timetable to the trial court to conclude the trial. However, this Court expects that the trial court concerned would take the matter on the top most priority and would make all necessary endeavours to gear up the trial and conclude the same within next six months. The Court also expects that the applicant would render the fullest co-operation in getting the trial concluded and would not seek any unnecessary adjournment during next six months.
The second bail application stands REJECTED with above observations.
Learned counsel for the applicant also shall necessarily apprise the trial court about this order within ten days from today.
Order Date :- 6.7.2021 M. Kumar
2 issues framed by the court
Whether bail should be granted to the applicant considering the delay in trial and pandemic conditions.
Whether the delay in trial due to the pandemic should influence the grant of bail in an accused already in custody.
Nadeem Khan
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
