Maan @ Mannu (Second Bail) vs State Of U.P.
2021 Latest Caselaw 196 ALL

Citation : 2021 Latest Caselaw 196 ALL
Judgement Date : 5 January, 2021

Allahabad High Court

Maan @ Mannu (Second Bail) vs State Of U.P. on 5 January, 2021

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- BAIL No. - 7836 of 2020
 
Applicant :- Maan @ Mannu (Second Bail)
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Pankaj Kumar Tripathi,Mohd. Shahid Akhtar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the applicant, Sri Alok Saran, learned A.G.A. and perused the record.

The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.405 of 2010, under Section 302 IPC, Police Station Ramkot, District Sitapur.

In pursuance of the order dated 20.11.2020, learned Additional District and Sessions judge, Fast Track Court (New), Sitapur has submitted a report dated 4.12.2020 regarding the status of the trial in Session Trial No.158 of 2011, arising out of Case Crime No.405 of 2010, under Section 302/34 IPC. It appears that the accused-applicant after getting bail, absconded himself and did not participate in the trial, therefore, his trial was separated. Other co-accused were convicted vide judgment and conviction dated 2.12.2014. The present accused-applicant got absconded the trial at the time of recording his statement under Section 313 Cr.P.C. Therefore, trial of the present accused-applicant could not be undertaken as the original file has been sent to this Court in appeal filed by the other accused in Criminal Appeal No.58 of 2015, State Vs. Ram Suchit Verma.

In view thereof, Registry is directed to send back the original file of Session Trial No.158 of 2011, which was received from the court concerned. After the trial court receives the original file, it shall make endeavour to conclude the trial at the earliest, preferably, within a period of six months.

Since it was the accused-applicant, who did not participate in the trial and absconded himself at the time of recording his statement under Section 313 Cr.P.C., now he can not turn around and ask bail till the trial is concluded.

In view of the aforesaid, I do not find any ground to enlarge the accused-applicant on bail.

Bail application is accordingly rejected.

Order Date :- 5.1.2021/Rao/-