Lalta Prasad Yadav vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 7520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1620 of 2023
 

 
Applicant :- Lalta Prasad Yadav
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Civil Sectt. Lko.
 
Counsel for Applicant :- Sushil Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Sushil Kumar Singh, learned counsel for the applicant as well as Sri Bhanu Pratap Singh, learned A.G.A. and perused the record.

2. This is the second bail application. First bail application got rejected by this Court vide order dated 14.11.2022 passed in Criminal Misc. Bail Application No.13010 of 2022.

3. The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.08 of 2006, under Sections 147, 148, 149, 307, 302, 34 IPC, Police Station Maheshganj, District Pratapgarh.

4. This Court while rejecting the first bail application o the accused-applicant passed the following order:-

?The present application under section 439, Cr.P.C. has been filed seeking bail in Case Crime No. 08 of 2006 under sections 147, 148, 149, 307, 302, 34 I.P.C., P.S. Maheshganj, District Pratapgarh.

The accused-applicant was named in the F.I.R., however, he absconded and the trial of co-accused got separated, who have been convicted by the judgment and order passed in Sessions Trial No.520 of 2006. The F.I.R. was registered on 14.2.2006, however, the accused-applicant could be apprehended on 9.5.2022 and, thus, he avoided the process of law and Court for sixteen long years.

Sri Nadeem Murtaza, learned counsel for the accused-applicant at this stage submits that he would not like to press this bail application. The only request made by him is to direct the trial court to conclude the trial expeditiously.

The Trial Court should make endeavour to conclude the trial expeditiously. With these observations/directions this bail-application is disposed of.?

5. As mentioned in the aforesaid order, the FIR for murder of Awadhesh was registered at Case Crime No.08 of 2006. The accused-applicant absconded and, therefore, the trial of the accused got separated. The other co-accused have been convicted by the learned Sessions Court in Sessions Trial No.520 of 2006. The accused-applicant could be apprehended only on 9.5.2022 i.e. after 16 long years from the date of commission of the offence.

6. The first bail application was rejected by this Court on 14.11.2022. There is no changed circumstance, which warrant this Court to enlarge the accused on bail at this stage when the trial is going on. Otherwise the conduct of the accused-applicant does not entitle him to be enlarged on bail when he absconded for 16 long years after the FIR in question came to be registered in the year 2006.

7. Bail application is accordingly rejected.

8. However, the accused-applicant may revive his bail plea by filing a fresh bail application after the witnesses of fact get examined in the court.

Order Date :- 15.3.2023

Rao/-