Govind vs State Of U.P.
2015 Latest Caselaw 2854 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 40513 of 2014
 
Applicant :- Govind
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Atul Kumar
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Atul Kumr, learned counsel for the applicant, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.

The first criminal misc. bail application no. 14712 of 2014 (Govind  Vs. State of U.P.) of the applicant was rejected by this Court on merits on 02.05.2014. This is the second bail application filed on behalf of the applicant.

The new ground which has been argued by the learned counsel for the applicant is that the three co-accused persons namely Ramesh, Tinku alias Ajay and Kuldeep were granted bail by another Bench of this Court vide orders dated 13.02.2014, 19.02.2014 and 20.02.2014, respectively, in Criminal Misc. Bail Application Nos. 4314 of 2014, 5506 of 2014 and 27965 of 2013, respectively.  A copy of the same are being filed and marked as annexure no.2 to the affidavit. He submits that the applicant is also entitled to be released on bail. The applicant is languishing in jail since 27.03.2013.

Learned AGA has opposed the prayer for bail and submitted that applicant is the main accused, who assaulted the gun-shot on the deceased by a country made pistol, and the case of the applicant was already distinguished by another Bench of this Court from the case of co-accused Ramesh.

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 Govind, involved in Case Crime No. 193 of 2013, under Sections 147, 148, 149, 323, 324, 302, IPC, Police Station Purkaji, 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 within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.

Order Date :- 1.10.2015/VKG