The High Court refused bail to the applicant in a pending trial case, citing his history of absconding after previous bail grants. While denying bail, the court directed the Trial Court to conclude the trial within three months following the surrender.
Application for bail dismissed; direction issued for trial conclusion within three months.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28198 of 2022
Applicant :- Brajesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Sanjeev Kumar Khare, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 730 of 2008, under Sections 394, 411 IPC, Police Station Panwari, District Mahoba during pendency of the trial in the Court below.
Earlier the applicant had been granted bail by means of an order dated 21.02.2011 passed by this Court. It has been stated in the affidavit that the applicant works as Daily Wage Labourer in Surat (Gujarat) and for this reason he could not appear before the Trial Court. Earlier also, non bailable warrant had been issued against the applicant and on 30.04.2013, the Trial Court had given a chance to the accused-applicant and had granted him bail.
Inspite of it, the applicant went away to Gujarat in May, 2013 and he did not participate in the trial and till 29.03.2022 on which date he is said to have surrendered.
Keeping in view the aforesaid conduct of the applicant, I do not find it a fit case to grant him the discretion of bail.
The learned counsel for the applicant has submitted that the trial against all the other accused in the aforesaid case already stands concluded.
Keeping in view the aforesaid facts, I direct that the trial of Case Crime No. 730 of 2008, under Sections 394, 411 IPC, Police Station Panwari, District Mahoba shall be concluded by the Trial Court within a period of three months from the date a certified copy of this order is placed before the learned court below.
With the aforesaid observations, this application stands disposed of .
Order Date :- 29.7.2022 Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.07.30 14:29:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant bail to the applicant considering his past conduct of absconding after earlier bail.
What direction should be issued to the Trial Court regarding the conclusion of the pending trial given the applicant's surrender.
2 provisions across 1 enactments
Brajesh Yadav
Subhash Vidyarthi
Jaswant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
