Jitendra vs State Of U.P.
2014 Latest Caselaw 9413 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- CRIMINAL APPEAL No. - 1974 of 2011
 

 
Appellant :- Jitendra
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Hemendra Pratap Singh,K M Singh,Pankaj Kumar Yadav,S.K. Rao
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri P.N. Singh, learned counsel for the appellant and Sri Nitin Srivastava, learned AGA for the State.

This is second bail application of the appellant in this appeal. The first bail application has been rejected by this Court on merit on 22.11.2013 and the hearing of appeal was expedited  and office was also directed to prepare the paper books.

Office has informed that the paper books has been prepared.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case and he is in jail for last 6 years, out of 15 years of punishment, which has been awarded by the trial court.

Learned AGA opposed the prayer of bail and submitted that 3 kg charas has been recovered from the possession of the applicant and it is not a case of false implication and the matter was listed before the Court for final hearing but on account of adjournment on behalf of the appellant on 27.03.2014 and 31.07.2014 the case was adjourned. The said fact also appears to be correct as is evident from the ordersheet of the case. 

Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.

The bail application of the appellant Jitendra, involved in S.S.T No. 84 of 2008, Case Crime No.575 of 2008,  under Sections 20/22 NDPS Act, P.S.-Seorahi, District Kushi Nagar is, accordingly, rejected.

Lay the matter before Hon'ble the Chief Justice for nomination of a Bench for final hearing, if possible within three days from today  and list the matter before appropriate Bench.

Order Date :- 2.12.2014

Ajay