HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 6795 of 2015 Applicant :- Usman Opposite Party :- State Of U.P. Counsel for Applicant :- R.C. Yadav,Brijesh Sahai,Rakesh Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Amit Mishra Hon'ble Ramesh Sinha,J.
Heard Sri Brijesh Sahai, learned counsel for the applicant, Sri Viresh Mishra, learned Senior Advocate, assisted by Sri Amit Misra, learned counsel for the complainant and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.
In compliance of the order dated 11.09.2015, passed by the this Court, a report dated 30.09.2015 has been received from Chief Medical Officer, Muzaffar Nagar, regarding the ailment of the applicant, and it has been found by the Medical Board constituted by the Chief Medical Officer, Muzaffar Nagar on 26.09.2015, that the applicant is suffering from heart disease with hypertension with mild hepatomegaly (Fatty Liver Grade-I).
Hence the contention of the learned counsel for the application argued on 11.09.2015 that the applicant is a patient of Coronary Artery Disease (C.A.D.) and he is under treatment from Medical College, Meerut, U.T., appears to be incorrect.
The learned AGA opposed the prayed for bail and submitted that as the first bail application of the applicant has already been rejected by this Court, and there appears to be no new ground for grant of bail to the applicant.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Usman, involved in Case Crime No. 68 of 2012 (S. T. No. 1218 of 2012 (State Vs. Sajid & others), under Sections 302, 307, 506, IPC, Police Station Ratanpuri, District Muzaffar Nagar, Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same in expeditiously, preferably within a period of eight months, from the date of production of certified copy of this order, if there is no legal impediment.
Order Date :- 9.10.2015/VKG