Sandeep @ Ragu Pasi v. State of U.P.
Case brief
What is this about?
The Allahabad High Court in this Criminal Misc. Bail Application rejected the third bail plea of the applicant, holding him a fit subject for continued detention as fact witnesses had been examined. The Court directed the trial court to conclude the trial under Section 309 Cr.P.C. within six months.
What did the court decide?
The third bail application of the applicant was rejected. Direction issued to the trial court to conclude trial within six months under Section 309 Cr.P.C.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14599 of 2022
Applicant :- Sandeep @ Ragu Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
This is the third bail application.
Heard learned counsel for applicant as well as learned A.G.A. for State and peruse the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. Further submitted that the first bail application of applicant was rejected by co-ordinate Bench of this Court on 3.12.2019 and direction was given to the Court concerned to make endeavour to conclude the trial of the case expeditiously as provided under Section 309 Cr.P.C. Till now trial has not been concluded though applicant is languishing in jail since 30.1.2019. It is also submitted that second bail application was also rejected by coordinate Bench of this Court on 1.10.2021 and now eight witnesses have been examined before the trial court. Only formal witnesses are to be examined, therefore, he is entitled for bail on the ground of detention. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and urged that first & second bail applications of the applicant were rejected by coordinate Bench of this Court after considering merit of the case and witnesses of fact had already been examined, only formal witnesses are to be examined before the trail court and trial is on progress, therefore, he is not entitled for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to third bail in a murder trial where fact witnesses have been examined and no new grounds are shown.
Whether the trial court should be directed to conclude the trial within six months under Section 309 Cr.P.C.
Parties & counsel
- applicant
Sandeep @ Ragu Pasi
Coram
Subhash Chandra Sharma
Anurag Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/14599/2022
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