High Court rejected the second bail application. It directed the trial court to conclude the trial within two months using coercive measures if necessary to secure witness attendance.
Bail application rejected; trial court directed to complete trial within two months.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38792 of 2020
Applicant :- Rupesh Seth Opposite Party :- State of U.P. Counsel for Applicant :- Ramendra Nath Tiwari,Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
This is the second bail application on behalf of the applicant.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
At the very outset, learned counsel for the applicant submits that all the witnesses have been examined by the trial court and only formal witnesses being the Investigating Officer is yet to be examined. Accordingly, he prays that a direction be issue to expedite the trial of the present case.
Learned A.G.A. for the State opposed the second application for bail.
Considering the nature of offence, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application stands rejected.
However, it is expected that the trial court shall make all sincere endeavours to expedite the proceedings of the trial and conclude the same, in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. It goes without saying that if the prosecution witnesses are not turning up deliberately, then the court below has all the powers to adopt all the coercive measures provided under the Code in order to procure the presence of the witnesses.
Office is directed to communicate this order forthwith to concerned court for necessary compliance.
Order Date :- 5.12.2022 Madhurima
Digitally signed by MADHURIMA GARG Date: 2022.12.08 10:36:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted in the second application given the nature of the offence.
Rupesh Seth
Manju Rani Chauhan
As recorded by the court registry
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