Arvind Kumar @ Taiyan Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko — Allahabad HC (2025) — LawSathi Research

Arvind Kumar @ Taiyan Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No bail relief granted: the second bail application was rejected; the trial court was directed to conclude proceedings of S.T. No. 190 of 2023 expeditiously, preferably within six months of a certified copy of the order being placed on record, absent any other legal impediment.

Issue for consideration

Whether the second bail application of the applicant (Arvind Kumar @ Taiyan) in case crime No. 0287 of 2022 (Section 307 IPC) should be entertained, given that evidence of all prosecution witnesses had concluded and trial proceedings had reached the Section 313 Cr.P.C. stage.

Court's answer

Since evidence of all prosecution witnesses had been completed and proceedings were at the stage of 313 Cr.P.C. in January 2025, the Court found no occasion to entertain the second bail application and rejected it.

Ratio / Principle

In view of the current status of trial, the trial court was directed to conclude proceedings of S.T. No. 190 of 2023 expeditiously, preferably within a period of six months from the date a certified copy of this order is brought on record, in case there is no other legal impediment.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13 — CRIMINAL MISC. BAIL APPLICATION No. 1085 of 2024; Neutral Citation 2025:AHC-LKO:16005; Order Date 19.3.2025; Hon'ble Manish Mathur, J. (single judge). Second bail application of Arvind Kumar @ Taiyan against the State of U.P. concerning case crime No. 0287 of 2022 under Section 307 IPC, police station Kakori, district Lucknow (arising in S.T. No. 190 of 2023). The applicant's first bail application had already been rejected by order dated 3rd January, 2024. On the basis of the A.G.A.'s written instructions dated 2nd January, 2025 and an office report dated 3rd January, 2025, it was established that evidence of all prosecution witnesses had concluded and proceedings were at the Section 313 Cr.P.C. stage (next date fixed 8th January, 2025). Finding no occasion to entertain a second bail application at that stage of trial, the Court rejected the application and directed the trial court to conclude proceedings of S.T. No. 190 of 2023 expeditiously, preferably within six months from the date a certified copy of the order is brought on record, provided there is no other legal impediment.

Neutral Citation No. - 2025:AHC-LKO:16005

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1085 of 2024

Applicant :- Arvind Kumar @ Taiyan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Paritosh Shukla,Amit Kumar Singh,Yogeshwar Sharan Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Manish Mathur,J.

Heard learned counsel for applicant and learned A.G.A. for opposite party-State.

Second bail application has been filed with regard to case crime No. 0287 of 2022 under Section 307 IPC, registered in police station Kakori, district Lucknow.

Earlier first bail application of applicant has been rejected by means of order dated 3rd January, 2024.

Learned A.G.A. on the basis of written instructions dated 2nd January, 2025, which is taken on record, submits that evidence of all prosecution witnesses have been concluded and the case is listed and the proceedings are at the stage of under Section 313 Cr.P.C.

In pursuance of directions issued earlier, office report dated 3rd January, 2025 has been placed on record corroborating submissions of learned A.G.A.

It is therefore evident that evidence of all prosecution witnesses have been concluded. As per office report, the next date fixed was 8th January, 2025 for proceedings under section 313 Cr.P.C.

Although learned counsel for opposite party does not have any information with regard to current status but looking to the fact that evidence of all prosecution witnesses have been completed and the proceedings were at the stage of 313 Cr.P.C. in January, 2025, this Court does not find any occasion to entertain second bail application, which is accordingly rejected. However in view of current status of trial, the trial court is directed to conclude proceedings of S.T. No. 190 of 2023 expeditiously, preferably within a period of six months from the date a certified copy of this order is brought on record of proceedings in case there is no other legal impediment.

Order Date :- 19.3.2025

prabhat

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