Set order rejecting a second bail application. The court noted that the first bail application was rejected on merits and found no new grounds to grant relief, exercising suo motu power to expedite the trial within six months.
The bail application is rejected; the trial is directed to be concluded within six months.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43325 of 2021
Applicant :- Mangalgiri Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Chitragupt Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is second bail application. The first being Criminal Misc. Bail Application No. 19523 of 2020 was rejected by me on merits vide order dated 10.11.2020.
This application has been filed by the applicant seeking bail in Case Crime No. 98 of 2018, under Sections 308, 304 IPC, Police Station Trilokpur, District Siddharth Nagar, during pendency of trial.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant is in jail since 19.10.2018 and the witnesses are not being examined, as such, he be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail of the applicant and has submitted that no new ground has been canvassed to release the applicant on bail.
Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that first bail application was rejected by me on merits and there is no new ground to release the applicant on bail, I am not inclined to grant the bail to the applicant at this stage. Accordingly, this bail application is rejected.
However, trial court is expected to make all endeavours to conclude the trial within a period of six months from the receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment in concluding the trial.
Order Date :- 20.4.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.04.20 16:01:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the second bail application.
Mangalgiri
Rajiv Gupta
Nadim Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
