Usman Vs State of U.P.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2021 of 2022

Applicant :- Usman Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was rejected by this Court on merit vide order dated 12.11.2021 in Criminal Misc. Bail Application No.34788 of 2021.

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Accused-applicant, involved in Case Crime No.72 of 2021, under Sections 376, 504 & 506 IPC, Police Station Swar, District Rampur, applied for bail.

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Learned Counsel for the applicant submits that after rejection of first bail application, witness produced form the side of prosecution has turned hostile and he did not support the prosecution case. Now the case is bound to in acquittal. On the hostility of PW-1, applicant seeks bail on second bail application.

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Record shows that first bail application of accused-applicant has been rejected by Court after considering the entire evidence during investigation. Hostility of prosecution witness is not a sole ground for granting bail.

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Accordingly, second bail application is hereby rejected.

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However, it is directed that trial Court shall make all endeavours efforts to conclude the trial expeditiously preferably within a period of six months from the production of a certified copy of this order, subject to full cooperation extended by both the parties, if there is no legal impediment.

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Order Date :- 7.3.2022 I.A.Siddiqui

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Digitally signed by IMRAN AHMAD SIDDIQUI Date: 2022.03.08 18:45:34 IST Reason: Location: High Court of Judicature at Allahabad

Usman v. State of U.P.

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Usman v. State of U.P.

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