Paurush Kumar Samadhiya vs State Of U.P.
2024 Latest Caselaw 15732 ALL

Allahabad High Court

Paurush Kumar Samadhiya vs State Of U.P. on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81136
 
Court No. - 85
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10518 of 2024
 

 
Applicant :- Paurush Kumar Samadhiya
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Shantanu
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Nalin Kumar Srivastava,J.
 

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This is the third bail application on behalf of the accused applicant-Paurush Kumar Samadhiya involved in case crime number 624 of 2018, under Sections 302, 201 IPC, Police Station Bisrakh, District- Gautam Budh Nagar.

3. This is a third bail application moved by the accused applicant on the ground of delayed trial in this matter.

4. It is submitted by the learned counsel for the applicant that the accused applicant is languishing in jail since 12.06.2018 and his first bail application was rejected by the coordinate Bench of this Court in Criminal Misc. Bail Application No.17131 of 2020 vide order dated 29.09.2021 on merits. Subsequently, after a considerable period of two years, the second bail application was moved by the accused applicant on the ground of delayed trial which was also rejected by this Court vide order dated 06.06.2023. However, the trial court was directed to conclude the trial of this case within a period of six months and it was also pointed out in the said order that co-accused Puttu @ Manoj was absconding and that was the reason for the delayed trial. It is next submitted that now the third bail application has been moved after a period of about one year. Trial is still pending and no progress has taken place in the proceedings of the trial and the accused applicant is languishing in jail.

5. Per contra, learned A.G.A. for the State has opposed the prayer for bail. It has been submitted that the accused applicant in this case has been assigned a role of murder of the deceased, Dipanshu in association with other co-accused persons Puttu and Vishal Tyagi by throttling and his dead body was imputed in two parts. The trial in this case is delayed and the delay is caused due to absconding of one co-accused, Puttu. It is a case of gruesome murder of a young boy.

6. I have perused the judgment and the records of the lower court with the assistance of the learned counsel for the parties, keeping in view the nature of accusation, role of appellant and all attending facts and circumstances of the case and also keeping in view the fact that at this stage, without expressing any opinion of the merits of the case, I do not find it a fit case for enlarging the appellant-applicant-Paurush Kumar Samadhiya on bail in the aforesaid case.

7. Accordingly, the application for bail is rejected.

Order Date :- 6.5.2024

Shivangi