Single judge rejected bail application during trial stage without expressing opinion on merits to ensure fair trial prospect, while directing trial court to conclude trial expediently by August 2021.
Bail application rejected without expressing opinion on merits; trial to be concluded by August 2021.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5700 of 2021
Applicant :- Vakeel Barar Opposite Party :- State of U.P. Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Ms. Ruchita Jain, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Vakeel Barar seeks bail in Case Crime No. 145 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Todi Fatehpur, DistrictJhansi.
Having heard learned counsel for the applicant as well as learned A.G.A. for the State and taking into account the fact that the applicant is languishing in jail since two and a half years, the trial is at advanced stage and six prosecution witnesses have been examined so far, at this juncture, I am not inclined to express my opinion either way while granting or dismissing the present bail application. It would jeopardize the future prospect of the fair trial.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, the trial court is expected to gear up the trial of aforesaid case and make all necessary endeavour and possible efforts to conclude the same in accordance with law, without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably by August, 2021, provided that the applicant submits a certified copy of this order within a period of ten days from today and render porous cooperation in the early conclusion of trial, if there is no legal impediment.
The trial court shall be at liberty to take all coercive steps against any person who is creating hindrance and impediment in the conclusion of trial.
Order Date :- 4.2.2021 Vikas
1 issue framed by the court
Whether bail should be granted or dismissed in the present circumstances.
Vakeel Barar
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
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