Abdul Mazeed @ Chhotey @ ... vs State Of U.P.
2015 Latest Caselaw 303 ALL

Citation : 2015 Latest Caselaw 303 ALL
Judgement Date : 1 May, 2015

Allahabad High Court

Abdul Mazeed @ Chhotey @ ... vs State Of U.P. on 1 May, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- BAIL No. - 1314 of 2015
 

 
Applicant :- Abdul Mazeed @ Chhotey @ Chhotakkey (Third Bail)
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rudra Pratap Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Rudra Pratap Singh, learned counsel for the applicant and Ms. Smiti Sahai, learned A.G.A. for the State.

The first bail application was rejected by Hon'ble Shabihul Hasnain, J. vide order dated 29.8.2014 on merits and the second bail application was rejected by Hon'ble Surendra Vikram Singh Rathore, J. vide order dated 18.2.2015 for want of prosecution, hence this third bail application.

The new ground which has been argued by learned counsel for the applicant is that the applicant is in jail since 14.8.2013 and till date only charges have been framed against the applicant and the witnesses are not turning up before the trial court to give evidence. He submits that earlier the brother of the applicant has lodged an F.I.R. against the prosecutrix and her brother, hence the applicant has been falsely implicated in the present case.

Learned A.G.A. vehemently opposed the prayer for bail and submitted that the case which was lodged against the prosecutrix and her brother has no connection with the present case, hence the applicant cannot escape from criminal liability of the present case.

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 Abdul Mazeed @ Chhotey @ Chhotakkey involved in Case Crime No. 339 of 2013 under Sections 376, 506 I.P.C. and 3 (I) XII S.C./S.T. Act, police station Mall, District Lucknow.

Accordingly, the bail application is rejected.

However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order in view of Section 309 Cr.P.C, if, there is no legal impediment.

Order Date :- 1.5.2015

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