This court rejected the second bail application of Mahboob Alam. No new facts were found supporting the claim of false implication. The trial court was directed to conduct the trial expeditiously within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4050 of 2022
Applicant :- Mahboob Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Prakash,Alauddin,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
This is second bail application on behalf of the applicant.
Heard Sri O.P. Singh, learned Senior Advocate assisted by Sri Prem Prakash, learned counsel for the applicant, learned A.G.A. on behalf of State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.322 of 2020, under Sections 376, 452, 506 I.P.C., P.S. Dhebarua, District Siddharth Nagar, during pendency of the trial.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case; the statement of victim has been recorded under section 161Cr.P.C. and 164 Cr.P.C. which does not support the version of F.I.R.; the applicant is not a previous convict and is languishing in jail since 28.01.2021.
On the other hand, learned A.G.A. vehemently opposed the bail prayer of the applicant.
Without expressing any opinion on the merits of the case and considering the submissions advanced, no new fact has been pointed out for consideration of second bail by counsel for the applicant in the aforesaid case.
The second bail application is, accordingly, rejected .
However, the trial court is directed to decide the trial of the case 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 six months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 22.12.2022/Meenu
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted in the second bail application.
Mahboob Alam
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
