Jagpal @ Jaipal vs State Of U.P.
2014 Latest Caselaw 7705 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28664 of 2014
 

 
Applicant :- Jagpal @ Jaipal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashok Kumar
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

This application has been filed with the prayer to release the applicant in Case Crime No.947/2010, S.T.No.359/2011 under section 302, 201 and 377 I.P.C. PS.Lisari Gate, District Meerut.

Learned counsel for the applicant submitted that the applicant was falsely implicated in the present case.  There is no eyewitness of the alleged incident.  When the first bail application was rejected, then the observation was to conclude the trial, however, the trial is still pending. In these circumstances, the applicant is entitled for bail who is in jail since 11.12.2010.

Learned A.G.A.  opposed the  aforesaid prayer and submitted that eight witnesses have already bee examined. However, the application was moved for recall of PW-5 to PW-8.  There is delay on the part of the defence, hence the applicant is not entitled for bail.

Considered the submissions. There is no new ground for bail except the delay in trial.

In view of the fact, it is not a fit case for bail and it is accordingly rejected.

However, the trial court is expected to conclude the trial expeditiously, preferably within a period of six months.

Order Date :- 27.10.2014

Rk