Jabir vs State Of U.P.
2023 Latest Caselaw 689 ALL

Citation : 2023 Latest Caselaw 689 ALL
Judgement Date : 6 January, 2023

Allahabad High Court

Jabir vs State Of U.P. on 6 January, 2023

Bench: Syed Aftab Rizvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 81
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33071 of 2022
 
Applicant :- Jabir
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Naseem Ahmad,Alka Singh,Krishna Dutt Tiwari,Mohammad Fazil,Syeda Alia Khatoon
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This is the second bail application filed by the applicant to release the applicant on bail in case crime no.247 of 2018, U/s 376 D IPC P.S. Mainather, District Moradabad.

The first bail application has been rejected on merits by the coordinate bench of this Court vide order dated 19.07.2021.

Learned counsel for the applicant mainly contended that the subsequent development is that during the course of trial, the victim has turned hostile and has not supported the prosecution case. On this ground, the learned counsel for the applicant prays for grant of bail.

Learned AGA opposed the prayer and submitted that the offence is heinous nature. In the first bail application, all the grounds have been considered. The effect of statement of victim can be looked into by the trial court at the time of final judgment.

It is undisputed that while deciding the first bail application, all the grounds have already been considered by the coordinate bench of this Court and by a detailed order, the first bail application was rejected vide order dated 19.07.2021. The trial is still going on and other prosecution witnesses are to be examined. Hence there is no sufficient ground to allow this second bail application and the same is liable to be rejected.

Accordingly, this second bail application is hereby rejected.

However, the trial court, concerned is directed to expedite the trial in the aforesaid case crime in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible, if there is no legal impediment.

Order Date :- 6.1.2023

C. MANI