Shyam Singh vs State Of U.P. And Another
2024 Latest Caselaw 15053 ALL

Allahabad High Court

Shyam Singh vs State Of U.P. And Another on 1 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78199
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 467 of 2022
 

 
Applicant :- Shyam Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lavesh Sharma
 
Counsel for Opposite Party :- G.A.,Pankaj
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Heard Sri Lavesh Sharma, learned counsel for applicant; learned counsel for accused are not present, however, learned AGA is present.

2. This is an application for cancellation of bail granted to accused vide order dated 03.02.2021 passed by coordinate Bench of this Court in Case Crime No. 71/2020 under Sections 147, 149, 302, 506 IPC, Police Station- Kagaraul, District- Agra.

3. This application was filed on 25.09.2022 with an assertion that accused persons, after getting bail, are not appearing in trial and as such trial was delayed.

4. Learned counsel for applicant has referred order sheet annexed with this application which indicates that up to 14.07.2022, only cross examination of PW-1 was conducted and opportunity to cross him was closed, however, accused persons have tried and are still trying to delay trial though trial is at the stage of recording statement of accused under Section 313 Cr.P.C.

5. Accused is represented by Sri Pankaj, Advocate, however, he is not present today.

4. In aforesaid circumstances, considering that during pendency of this application, trial has proceeded and is now at fag end and as such there is no apparent violation of condition, therefore, in the light of judgment passed by Supreme Court in Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC OnLine SC 187, I do not find it a fit case to cancel bail of accused at this stage.

5. However, in the interest of justice and considering averment made in this application, it is disposed of with an observation that trial Court will record statement of accused under Section 313 Cr.P.C. within a period of 14 days from today and no exemption of their appearance will be granted and trial Court will proceed to record defence witness, if any, and thereafter will conclude the trial expeditiously, preferably within a period of 3 months.

6. Trial Court is also at liberty to cancel bail, in case accused violates any condition of bail.

Order Date :- 1.5.2024

N. Sinha