Dismissed
Vimal Kumar v. State of U.P.
Allahabad HCBAIL/25356/2023
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No. - 2023:AHC:143598 Court No. - 85 Case :-…
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No. - 2023:AHC:143598 Court No. - 85 Case :-…
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Neutral Citation No. - 2023:AHC:143598
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25356 of 2023
Applicant :- Vimal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Bhaiya Ram Maurya Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant,learned A.G.A. for the State and perused the record.
The present second bail application has been filed on behalf of applicant in Case Crime No.143 of 2021, under Sections 304B, 498-A, 316 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Barnahal, District Mainpuri with the prayer to enlarge the applicant on bail. First bail application of the applicant was rejected by this Court vide order dated 01.02.2023 in Criminal Misc. Bail Application No. 33252 of 2022.
Perusal of the record shows that after rejection of the first bail application no new ground is taken by the applicant in the present second bail application. It is submitted that applicant is innocent and has been falsely implicated in the present case and he is in jail since 21.09.2021.
Learned Additional Government Advocate has vehemently opposed the prayer for grant of bail and argued that all the aspects of the matter has already been considered at the time of deciding of the first bail application and no new ground is taken by the applicant in the present bail application.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and gravity of the offence, without expressing any opinion on merits of the case, the Court is of the view that the applicant is not entitled for the bail, therefore, the bail application is rejected.
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
However, the trial Court is directed to expedite the trial and conclude it preferably within one year without granting any unnecessary adjournment to either of the parties and subject to full co-operation by the applicant.
Order Date :- 19.7.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
Vimal Kumar
Mayank Kumar Jain
As recorded by the court registry
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