Disposed¶11

Rahul Pandey v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC23 May 2025BAIL/6688/2024

Case brief

AI extract

What is this about?

Third bail application Rahul Pandey; detained since 01.07.2018; Case Crime No.163 of 2018; Sections 302, 307, 324, 325 & 506 I.P.C.; Section 7 Criminal Law Amendment Act; P.S. Piparpur, District Amethi; trial not concluded despite HC directions 02.01.2023 and 29.02.2024; co-accused granted bail; second bail application No.5681 of 2024 rejected 25.05.2024; trial court directed to submit detailed current trial-status report; copy via District & Sessions Judge, Sultanpur within three working days; listed 18.03.2025, 03:45 p.m.

What did the court decide?

The learned trial court concerned is directed to provide the current status of the trial with a detailed report so that the status of the trial could be understood properly. ¶10

Rahul Pandey vs State of U.P. Thru. Addl… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether bail should be granted to applicant Rahul Pandey (this being his third bail application), who is stated to be languishing in jail since 01.07.2018 in Case Crime No.163 of 2018 under Sections 302, 307, 324, 325 & 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Piparpur, District Amethi. +1 more

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Ratio / Principle

The learned trial court concerned is directed to provide the current status of the trial with a detailed report so that the status of the trial could be understood properly.

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Key takeaways

Consideration of the bail application is deferred and the case is listed for 18.03.2025, when it may be taken up at 03:45 p.m.; the bail merits themselves are not decided in this order.ratio¶11
A copy of this order is to be provided to the learned trial court concerned through the District & Sessions Judge, Sultanpur by the Registry of this Court within three working days.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 11) | CRIMINAL MISC. BAIL APPLICATION No. 6688 of 2024 | Rajesh Singh Chauhan, J. | Third bail application of Rahul Pandey, detained in jail since 01.07.2018 in Case Crime No.163 of 2018 under Sections 302, 307, 324, 325 & 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Piparpur, District Amethi. Earlier orders of 02.01.2023 (examination of remaining witnesses with expedition) and of 29.02.2024 (conclusion of trial within one year, issued while rejecting the first bail application) remained uncomplied; co-accused had been granted bail and the second bail application (No.5681 of 2024) was rejected on 25.05.2024. Unable to comprehend the delay, the Court did not adjudicate the bail merits; it directed the trial court to furnish the current status of the trial with a detailed report, ordered transmission of a copy of the order to the trial court via the District & Sessions Judge, Sultanpur within three working days, and listed the matter for 18.03.2025 at 03:45 p.m.

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6688 of 2024

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Applicant :- Rahul Pandey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Rohit Kumar Tripathi,Deepak Kumar,Rama Soni Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Rohit Kumar Tripathi, learned counsel for the applicant and Ms. Rafiya Farooqui, learned Additional Government Advocate for the State.

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2. This is the third bail application.

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3. As per learned counsel for the applicant, the present applicant is languishing in jail since 01.07.2018 in Case Crime No.163 of 2018, under Sections 302, 307, 324, 325 & 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police StationPiparpur, District-Amethi.

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4. While rejecting the first bail application on 29.02.2024, this Court directed the learned trial court to conclude the trial within a period of one year but trial has not been concluded till date. Besides, in the first bail application, this Court passed an order dated 02.01.2023 directing the learned trial court to examine all remaining fact/ eye witnesses with expedition, but to no avail. In the meantime, the co-accused persons have been granted bail, therefore, the applicant had filed the second bail application bearing Criminal Misc. Bail Application No.5681 of 2024; Rahul Pandey vs. State of U.P. and another, which was rejected by this Court on 25.05.2024 (Annexure No.20).

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5. This Court is unable to comprehend as to why despite the specific direction being issued by this Court on 02.01.2023 and while rejecting the first bail application on 29.02.2024, the trial has not been concluded till date. So as to know the current status of trial, the specific report of the learned trial court would be required.

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6. Therefore, the learned trial court concerned is directed to provide the current status of trial with detailed report so that the status of trial could be understood properly.

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7. List this case on 18.03.2025. On that date, this matter may be taken up at 03:45 p.m.

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8. Let a copy of this order be provided to the learned trial court concerned through the District & Sessions Judge, Sultanpur by the Registry of this Court within three working days.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 4.3.2025 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Rahul Pandey v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Rahul Pandey v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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