Sonu vs State Of U.P.
2015 Latest Caselaw 3051 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- CRIMINAL 3rd MISC. BAIL APPLICATION No. - 1889 of 2015
 
Applicant :- Sonu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- S.N. Yadav,Yogesh Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

An affidavit of compliance has been filed by Sri Peeyush Srivastava, the S.P., Firozabad, which is taken on record.

Heard Sri Yogesh Srivastava, learned counsel for the applicant and Sri Vikash Sahai learned AGA appearing for the State and perused the record.

Sri Vikash Sahai, learned AGA submitted that in compliance of the courts order, the accused Kali Charan @Narendra who was summoned under Section 319 Cr.P.C has been absconding, was arrested by the police on 05.10.2015, and has been sent to judicial custody. The said facts has been mentioned in para-8 of the affidavit.

The learned AGA has also moved an application for exemption of the personal appearance of the S.P., Firozabad, who has been summoned in the matter, on the ground that as was busy in Panchayat Election, which going on in the State of Uttar Pradesh.

The presence of S.P., Firozabad is hereby dispense with.

The first and second bail application of the applicant have been rejected by this Court on 10.07.2013 and 16.04.2014, respectively. This is the third 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 co-accused Kali Charan was absconding and the applicant is languishing in jail, who have been summoned under Section 319 Cr.P.C..

The learned AGA opposed the prayer for bail and submitted that now the co-accused Kali Charan has already been arrested by the police and he has been sent to judicial custody, hence there appears to  be no ground for bail. The trial which is in progress be expedited.

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 Sonu, involved in Case Crime No. 151-A of 2013, under Sections 323, 376, 506, IPC, Police Station Tundla, District Firozabad.

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 accordance with law.

Order Date :- 9.10.2015/VKG