Amjad v. State of U.P.
Case brief
What is this about?
The applicant filed his third bail application. The High Court rejected it on the grounds that the trial was already underway and deciding on merits would prejudice the trial court's independent assessment. The Court reserved no order on bail but directed the trial court to conclude proceedings within six months.
What did the court decide?
Bail application rejected; no specific relief granted; trial to be concluded within six months.
What the court decided
A compact analysis
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16601 of 2022
Applicant :- Amjad Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Singh,Balbir Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is third bail application. The first being Criminal Misc. Bail Application No. 26234 of 2018 and second being Criminal Misc. Bail Application No. 43206 of 2019 were rejected by me on merits vide orders dated 14.11.2018 and 19.11.2020 respectively.
This application has been filed by the applicant seeking bail in Case Crime No. 316 of 2018, under Section 307 IPC, Police Station Hapur Nagar, District Hapur, during pendency of trial.
Learned counsel for the applicant has fairly submitted that trial in the present case has already started and the statements of as many as four prosecution witnesses have also been recorded.
Learned counsel for the applicant has next submitted that the applicant is in jail since 06.05.2018, as such, he be released on bail.
Issues for consideration
3 issues framed by the court
Whether bail should be granted in an application filed during the pendency of trial after two earlier applications were rejected.
Whether it is appropriate for the High Court to decide merit issues before the trial court concludes its evidence.
Whether the trial must be expedited following the rejection of the bail application.
Parties & counsel
- applicant
Amjad
- respondent
State of U.P.
Coram
Nadim Alam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/16601/2022
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