Hanuman ( Third Bail ) vs State Of Up
2017 Latest Caselaw 4818 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 
Case :- BAIL No. - 6611 of 2016
 
Applicant :- Hanuman ( Third Bail )
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Ashish Raman Mishra,Piyush Kumar Singh,Vipin Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Ravindra Nath Mishra-II,J.

1. Heard learned counsel for applicant-accused and learned Additional Government Advocate.

2. This third bail application moved on behalf of applicant-accused Hanuman. The first bail application was decided by this Court on merit vide order dated 23.09.2013 passed in criminal case no. 2204 (B)/ 2013. Thereafter second bail application has also been disposed of vide order dated 05.11.2014 passed in bail application no. 4672 of 2014 with direction to trial court to conclude trial expeditiously strictly adhering to the provision of Section 309 Cr.P.C.

3. This third bail application has been moved on the ground that there are material contradiction in the statement of witnesses examined by prosecution before the trial Court. He has also argued that there is no eye witness in the case.

4. In the facts and circumstances of the case, the applicant-accused may approach the trial court by way of moving bail application before trial court and the Trial Court is directed to consider his bail application in the light of evidence adduced by prosecution.

5. However, Trial Court is also directed to conclude trial as directed earlier by this Court vide order dated 05.11.2014 passed in bail application no. 4672 of 2014 preferably within six months.

6. Accordingly, Bail application is disposed of. 

Order Date :- 21.9.2017

Pachhere/-