Dismissed¶11

Prem Chandra Sharma v. State of U.P.

Allahabad HC1 Nov 2022BAIL/14431/2021

Case brief

AI extract

What is this about?

Allahabad High Court, Siddharth, J., 01.11.2022 — second bail application rejected in murder/rioting/conspiracy case (Ss.147, 302, 307, 504, 506, 120-B IPC), Case Crime No.337 of 2016, P.S. Ujhani, District Budaun; earlier bail allowed 26.04.2017, cancelled 06.03.2020, cancellation affirmed in SLP (Criminal) No.3311 of 2020; delay in trial due to two COVID-19 waves held no fresh ground; trial to be concluded within six months under Section 309 Cr.P.C.

What did the court decide?

Second bail application rejected; trial court directed to conclude the trial within a period of six months as per Section 309 Cr.P.C.; Registrar (Compliance) directed to communicate the order to the trial court within three days. ¶11

Prem Chandra Sharma Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

¶1

Reserved on 19.10.2022

¶2

Delivered on 01.11.2022

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14431 of 2021

¶4

Applicant :- Prem Chandra Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Aushim Luthra,Alok Singh,Manish Tiwary(Senior Adv.),Ramendra Pratap Singh,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.,Nitesh Kumar Srivastava

¶5

Hon'ble Siddharth,J.

¶6

Heard Sri Manish Tiwary, learned Senior Counsel, assisted by Sri Aushim Luthra, learned counsels of the applicant; Ms. Viparna Gaur, informant, in person; learned AGA for the State and perused the material on record.

¶7

The instant bail application has been filed on behalf of the applicant, Prem Chandra Sharma, with a prayer to release him on bail in Case Crime No.337 of 2016, under Sections 147, 302, 307, 504, 506, 120-B I.P.C, Police Station Ujhani, District Budaun.

¶8

This is a second bail application of the applicant. First bail application of the applicant was allowed by the order dated 26.04.2017 by this court. Thereafter the bail granted to the applicant was cancelled by order dated 06.03.2020 by the coordinate bench of this court which is not available now. While cancelling the bail granted to the applicant this court directed to the trial court to make all endeavour to complete the trial within a period of a year.

¶9

The bail cancellation order of the applicant was affirmed by the Apex Court in S.L.P (Criminal) No.3311 of 2020.

¶10

The order-sheet of the trial court has been brought on record which shows that after the order of this court dated 06.03.2020 cancelling the bail of the applicant was passed two waves of corona virus disturbed the functioning of the courts at all levels. This fact is borne out from the order-sheet of the court below brought on record by the applicant which shows that testimony of PW-II, Viparna Gaur, has already been recorded. The delay in trial has occurred on account of spread of two waves novel corona virus. Trial court cannot be faulted for the same. Except the delay in conclusion of trial there does not appears to be any fresh ground for entertaining this second bail application at this stage.

¶11

The second bail application is accordingly rejected.

¶12

The trial court shall make all endeavour to the conclude the trial within a period of six months as per Section 309 Cr.P.C.

¶13

The Registrar (Compliance) is directed to communicate this order to the trial court within a period of three days. Order Date :- 01.11.2022 SS

¶14

2 of 2

¶15

Digitally signed by SURENDAR SINGH NARANG Date: 2022.11.01 17:44:08 IST Reason: Location: High Court of Judicature at Allahabad

Prem Chandra Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prem Chandra Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Birendra Bahadur Singh Vs Union of India and 3 Others

Smt Sabnam Vs State of U.P. and Another

Seema Singh Vs State of U P and 4 Others

Rajeev Vs State of U.P.

Sachin Vs State of U.P.

Suraj Patel @ Lodi Vs State of U.P.