Rinku Badhana v. State of U.P.
Case brief
What is this about?
In Criminal Misc. Bail Application No. 56108 of 2022, the Allahabad High Court rejected a third bail plea. Rejecting the new ground of long detention without trial conclusion, the bench held that five prosecution witnesses were already examined. It directed the trial court to proceed expeditiously under Section 309 Cr.P.C.
What did the court decide?
Bail application of the applicant was rejected; trial court directed to conclude trial expeditiously.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56108 of 2022
Applicant :- Rinku Badhana Opposite Party :- State of U.P. Counsel for Applicant :- Sati Shanker Tripathi,A.K. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State.
By means of this third bail application under Section 439 of Cr.P.C., applicant Rinku Badhana, who is involved in Session Trial No. 122 of 2020 arising out of Case Crime No. 876 of 2019, under Sections 302, 201, 34 IPC, police station Dankaur, district Gautam Budh Nagar, seeks enlargement on bail during the pendency of trial.
The first bail application of the applicant was rejected vide order dated 01.02.2021 in Criminal Misc. Bail Application No. 31998 of 2020 and the second bail application was rejected vide order dated 02.08.2022 in Criminal Misc. Bail Application No. 4936 of 2022.
Main substratum of argument of learned counsel for the applicant is that the applicant has been languishing in jail since 01.12.2019 but till date, his trial has not been concluded. Hence, the applicant is entitled to be released on bail.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that at the time of considering the second bail application of the applicant in August, 2022, out of 07 prosecution witnesses of the charge-sheet, statements of 05 prosecution witnesses had already been recorded before the trial Court and efforts are being made by the prosecution for early conclusion of the trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail during the pendency of the ongoing trial phase.
Whether the prosecution has sufficiently advanced its case to justify denial of bail.
Parties & counsel
- applicant
Rinku Badhana
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/56108/2022
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