Shesh Nath Yadav v. State of U.P. and Another
Case brief
What is this about?
Court rejected applicant's bail application as trial reached final hearing stage. However, directed trial court to conclude trial within four months of this order's production under Section 309 Cr.P.C. due to prolonged imprisonment.
What did the court decide?
Bail application rejected; trial court directed to conclude trial within four months from date of production of certified copy of this order under Section 309 Cr.P.C.
What the court decided
Neutral Citation No. - 2023:AHC:163904
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22332 of 2021
Applicant :- Shesh Nath Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Bhushan Prasad Shrivastava,Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- Sri Brijesh Kumar Mishra, learned counsel for the applicant and Dr.S.B.Maurya learned AGA-I, for the State are present.
- From the order dated 13.2.2023 passed by this Court it appears that notice upon respondent no.2, i.e., informant of the case was sufficient but in spite of service of notice none appeared on behalf of the informant.
- From the order dated 5.7.2023 passed by this Court it appears that learned trial court was directed to submit a report with regard to the status of the trial.
- Pursuant to the order dated 5.7.2023 passed by this Court trial court submitted its report dated 17.7.2023.
- From the report dated 17.7.2023 forwarded by the trial court it appears that prosecution evidence has already concluded and statement of the accused has also recorded under Section 313 Cr.P.C. therefore, it appears that trial of the case is at the stage of final hearing and, therefore, in view of the matter, I do not incline to enlarge the applicant on bail at this stage.
Issues for consideration
2 issues framed by the court
Whether the applicant should be enlarged on bail given the stage of trial and the duration of imprisonment.
Whether the trial court should be directed to conclude the trial within a specific timeframe under Section 309 Cr.P.C.
Parties & counsel
- applicant
Shesh Nath Yadav
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/22332/2021
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