Single-judge High Court filed second bail application under IPC 306 regarding unnatural death accused. Bail was rejected as no new grounds emerged. Trial court directed to expedite trial and record witness statements within four months.
Sessions Judge directed to record witness statements within four months adhering to Section 309 Cr.P.C.
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Neutral Citation No. - 2023:AHC:194291
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33286 of 2023
Applicant :- Raja And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Maury Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present second bail application has been filed on behalf of applicants in Case Crime No. 65 of 2022, under Sections 306 of IPC, Police Station Pahari, District Chitrakoot with the prayer to enlarge the applicants on bail. The first bail application of the applicants was rejected by this Court vide order dated 26.04.2023 passed in Criminal Misc. Bail Application No. 57819 of 2022.
It has been argued by learned counsel for the applicants that applicants are innocent and they have been falsely implicated in the present case. The only ground taken by the applicants' counsel is that charge was framed against the applicants on 22.03.2023 but none of the prosecution witness produced before the trial court by the prosecution till date. It is further submitted that there is no substantial progress in the trial and applicants are languishing in jail since 27.06.2022 having no criminal history and that in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail by contending that all the arguments advanced by learned counsel for the applicants have already been considered by this court while disposal of the first bail application and applicants are not entitled to be released on bail.
Considering the rival submissions of learned counsel for the parties, nature of allegations, gravity of offence and the fact that all aspects of the matter has already been considered while disposal of the first bail application and no new ground has been taken in the
present second bail application, I do not find it a fit case for bail. Hence, the bail application is hereby rejected.
Certified copy of the order sheets of the Sessions Trial pending before learned Sessions Judge, Chitrakoot is brought on record by the appellant himself which reflects that charge against the accused persons were framed on 22.03.2023. Thereafter, not a single witness is examined by the Court concerned. From the order sheets it also transpires that except issuing summons to the witnesses no further process has been issued by the Court concerned to ensure their presence to record their testimony while appellants are continuing to remain in jail.
Learned trial court is directed to expedite the trial and record the statements of witnesses of fact preferably within a period of four months from the date of presentation of the certified copy of this order strictly adhering the provision contained under Section 309 Cr.P.C.
Any observation made above shall not be treated as any finding on the merits of the case and shall not prejudice the trial in any manner.
Order Date :- 9.10.2023 AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a second bail application lacking new grounds is fit for grant of bail.
Whether the trial court is directed to expedite recording of witness statements under Section 309 Cr.P.C.
1 provisions across 1 enactments
Raja
Mayank Kumar Jain
As recorded by the court registry
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