Disposed¶8

Gokul v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Allahabad HC30 Jul 2025BAIL/10656/2024

Case brief

AI extract

What is this about?

Gokul bail application No. 10656 of 2024, Allahabad High Court Lucknow Bench, order dt. 3.4.2025 by Manish Mathur J.; delayed trial due to absence of victim/complainant side; bailable warrants issued twice; victim suffering serious throat bullet injury; eye-witnesses P.W.1, P.W.5, P.W.7 examined; further-investigation order dated 4.1.2025 challenged under Section 482 Cr.P.C. No. 2044 of 2025 with stay qua applicant, next listed 4.4.2025; matter listed 15.4.2025 in top ten cases; no final bail adjudication in this order.

What did the court decide?

No substantive relief adjudicated at this sitting: supplementary affidavit taken on record and the matter directed to be listed on 15th April, 2025 in top ten cases as directed earlier. ¶8

Gokul vs State of U.P. Thru. Prin. Secy. Home Govt. Lko — Allahabad HC (2025) — LawSathi Research

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10656 of 2024

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Applicant :- Gokul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko Counsel for Applicant :- Nadeem Murtaza,Abhinav Singh,Shruti Kumar,Snigdha Singh Counsel for Opposite Party :- G.A.,Dr. Sunil Kumar,Jitendra Kumar,Mridula Saxena,Sumit Mishra

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Hon'ble Manish Mathur,J.

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Supplementary affidavit filed today is taken on record.

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Learned counsel for applicant submits that while rejecting first bail application vide order dated 24th May, 2024, direction was issued for recording statements of eye witnesses P.W.1, P.W.5 and P.W.7. It is submitted that although statements of all the three persons have been recorded but trial is not proceeding due to non-cooperative attitude of complainant and his family members particularly the victim who is not appearing to give her statement despite issuance of bailable warrants twice. He has also adverted to the order sheet of trial court to indicate regarding the fact that complainant and his family members are not cooperating in early conclusion of trial despite directions issued by this Court. It is therefore submitted that the applicant can not be kept under incarceration for ever. It is also submitted that after filing of charge sheet, the complainant also filed an application for further investigation in which police report was submitted whereafter second application for further investigation was made which was allowed vide order dated 4th January, 2025 and was challenged in application under Section 482 Cr.P.C. bearing No. 2044 of 2025 in which proceedings have been stayed till next date of listing qua the applicant. The said application under Section 482 Cr.P.C. is next listed on 4th April, 2025.

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Learned counsel for complainant however submits that bullet injury suffered by the victim is on throat and is quite serious in nature due to which she is unable to appear before the trial court to give her statement. It is submitted that in terms of directions issued by this Court, statements of eye witnesses have already been recorded.

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Considering aforesaid facts and circumstances, list this case on 15th April, 2025 in top ten cases as directed earlier.

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Order Date :- 3.4.2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Gokul v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Case brief

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Gokul v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Case brief

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