Criminal Misc. Bail Application dismissed. The Court held no case for bail was made out due to the gravity of the offence and likelihood of guilt. Directs trial conclusion within one year and measures for witness attendance.
Bail application dismissed; trial to be concluded within one year with directions for witness presence.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19119 of 2021
Applicant :- Devendra Sirohi Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Singh Bohra,Swarn Kumar Yadav Counsel for Opposite Party :- G.A.,Akhilesh,Sunil Kumar Dwivedi
Hon'ble Ajay Bhanot,J.
Heard Shri Rajarshi Gupta, learned counsel assisted by Shri Swarn Kumar Yadav, learned counsel for the applicant, Shri Sunil Kumar Dwivedi, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned A.G.A. for the State.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.0124 of 2021 at Police Station-Kotwali Nagar, District-Bulandshahar under Sections 364A, 328, 342 IPC. The applicant is in jail since 04.02.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Bulandshahar on 19.02.2021.
The applicant was recovered at the site along with the victim. The victim has attributed a specific role to the applicant. The trial is on foot. One witness has been examined.
Considering the gravity of the offence and the
likelihood of the applicant having committed the crime, the Court is of the opinion that at this stage no case for bail is made out.
The bail application is dismissed.
The trial court concerned is directed to conduct the trial on day to day basis and conclude the trial within a period of one year from the date of production of certified copy of this order.
The learned trial court shall take all necessary coercive measures as per law to ensure that timely attendance of witnesses in trial proceedings as and when required.
All police and administrative authorities of the State are also directed to come to the aid of the trial court to ensure the presence of witnesses on the appointed day before the trial court.
Order Date :- 23.5.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.05.24 10:44:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 364A, 328, 342 IPC.
How to direct the trial court to conclude the trial within a specific timeframe.
Devendra Sirohi
State of U.P.
Ashish Nayan Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
