Dismissed

Jitendra v. State of U.P.

Allahabad HC14 Jul 2022BAIL/6477/2022

Case brief

AI extract

What is this about?

The High Court dismissed the bail application as bail is not maintainable for a principal offender caught voluntarily firing. However, the Court directed the trial court to conclude the trial within one year and directed authorities to ensure witness presence.

What did the court decide?

Bail application dismissed. Trial directed to be concluded within one year. Witnesses directed to cooperate.

Jitendra Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6477 of 2022

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Applicant :- Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Chakshuvendra Pachauri,Atharva Dixit Counsel for Opposite Party :- G.A.,Ajay Kumar Shukla

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.198 of 2021 at Police Station-Palimukimpur, District-Aligarh under Section 304 IPC. The applicant is in jail since 03.01.2022.

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The bail application of the applicant was rejected by learned District and Sessions Judge, Aligarh on 25.01.2022.

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The applicant has been identified as the principal offender who was voluntarily firing in different directions. The deceased was killed on account of such wanton conduct of the applicant. Offence is very grave in nature. There is likelihood that the applicant had committed offence.

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No case for bail is made out at this stage. Without going into the merits, the bail application is dismissed.

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However, interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time.

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The learned trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to.

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All witnesses also are directed to cooperate with the trial proceedings. The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.

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Order Date :- 14.7.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.07.14 17:27:13 IST Reason: Location: High Court of Judicature at Allahabad

Jitendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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