Ajay Pandey v. State of U.P.
Case brief
What is this about?
The Court considered a second bail application filed by Ajay Pandey who has been in custody since January 2019 for offences under IPC 302 and Arms Act, with charges framed in December 2022. Rejecting the bail plea based on the gravity of the offence and framing of charges after urging the trial court to expedite proceedings. Quality: ok
What did the court decide?
Bail application rejected; trial court directed to conclude trial within six months.
What the court decided
A compact analysis
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11297 of 2020
Applicant :- Ajay Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Mishra,Pradeep Kumar Rai,Prakhar Saran Srivastava,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State.
The present second bail application has been filed on behalf of applicant in Case Crime No. 110 of 2018, under Sections 302 of IPC and Section 30/27 of Arms Act, Police Station Bara, District Prayagraj with the prayer to enlarge the applicant on bail. First bail application was rejected vide order dated 09.05.2019 in Criminal Misc. Bail Application No.19564 of 2019.
The only ground taken by the learned counsel for the applicant that last date fixed by the court below on 13.02.2020 but charges have not been framed. Applicant is languishing in jail since 12.01.2019. Vide supplementary affidavit it is submitted that charge has been framed against accused on 08.12.2022 and thereafter there is no substantial progress in the trial. It is submitted that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in an offence under Section 302 IPC and Arms Act where charges have already been framed.
Parties & counsel
- applicant
Ajay Pandey
Coram
Mayank Kumar Jain
Mohit Kumar Kushwaha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/11297/2020
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