Citation : 2023 Latest Caselaw 26210 ALL
Judgement Date : 25 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:186186 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36878 of 2022 Applicant :- Ram Dular Singh Opposite Party :- State of U.P. Counsel for Applicant :- Awadh Narain Rai Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Sri R.P. Yadav, Advocate, holding brief of SriAwadh Narain Rai, learned counsel for the applicant and Sri Devendra Nath Mishra, learned counsel for the State are present and have been heard.
3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ram Dular Singh, seeking enlargement on bail during trial in Case Crime No. 0293 of 2021, under Sections 498-A, 304-B, 504 IPC and 3/4 Dowry Prohibition Act, registered at Police Station Zamania, District Ghazipur.
4. Learned counsel for the applicant submits that he is not pressing the bail on merits and appropriate directions be issued for conclusion of the trial within a specific period of time.
5. Learned counsel for the State has no objection to the said submission.
6. After hearing the counsel for the parties and perusing the record, this Court is of the view that since the bail is not being pressed on the merits and limited prayer has been made by learned counsel for the applicant directing the trial court to decide the trial within a specific period of time, it is provided that the trial of the aforesaid case pending before the concerned trial court be concluded, as expeditiously as possible, without granting unnecessary adjournment to either of the parties, strictly in accordance with Section 309 Cr.P.C. and in view of the principles as have been laid down by the Apex Court in the cases of Shailendra Kumar Vs. State of Bihar and others : (2002) 1 SCC 655, Vinod Kumar Vs. State of Punjab : (2015) 3 SCC 220 and Hussain and another Vs. Union of India : (2017) 5 SCC 702, Rajesh Yadav Vs. State of U.P: Criminal Appeal No.339-340 of 2014 (judgment dated 06.02.2022) and the order dated 30.09.2022 passed in Special Leave Petition (Criminal) Diary No:- 8905 /2022: Mukesh Singh Vs. The State of Uttar Pradesh and another), subject to any legal impediment.
7. The bail application is disposed of with the aforesaid direction.
Order Date :- 25.9.2023
Aiman
(Samit Gopal,J.)
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