Anil v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42 of 2020

Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Nand Pandey,Sunita Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A.

The instant bail application has been filed on behalf of the applicant, Anil, with a prayer to release him on bail in Case Crime No. 53 of 2015, under Sections 498-A,304-B IPC and section 3/4 Dowry Prohibition Act Police Station Binauli, DistrictBaghpat, during pendency of trial.

This is the third bail application. Two bail applications of the applicant have been reject by the coordinate Bench, which is not available. While rejecting the second bail application by this court, the trial court was directed to conclude the trial as expeditiously as possible .Till date trial has not been concluded.The applicant is in jail since 10.6.2015 and has no criminal history.

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.