Pitamber vs State Of U.P. And Another
2024 Latest Caselaw 16599 ALL

Allahabad High Court

Pitamber vs State Of U.P. And Another on 10 May, 2024

Author: Shekhar Kumar Yadav

Bench: Shekhar Kumar Yadav

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84289
 
Court No. - 74
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4141 of 2024
 

 
Applicant :- Pitamber
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.
 

1. Supplementary affidavit has been filed today, is taken on record.

2. Heard Mr. Santosh Kumar Singh, learned counsel for the applicant and learned Additional Government Advocate for the State.

3. This anticipatory bail application (under Section 438 Cr.P.C.) has been moved seeking bail in Complaint Case No.2153 of 2023, under Sections 376, 454 and 506 IPC, Police Station Chilkana, District Saharanpur.

4. Learned counsel for the applicant submits that the complainant has neither lodged the FIR nor filed an application under Section 156 (3) Cr.P.C. Complainant has directed filed complaint on 11.05.2012 alleging the incident dated 10.05.2012 and the court below after recorded the statement of complainant and witnesses under Sections 200 and 202 Cr.P.C., summoned the applicant and other co-accused persons. Being aggrieved, the applicant alongwith one another accused person has filed Criminal Revision No.2225 of 2013 in which stay order was passed in favour of the applicant and later on the said stay order was vacated in light of judgment of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation (2018) 16 SC 299.

5. Matter is old one and is pending before the court below since 2012.

6. Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the applicant, the present anticipatory bail application is disposed of directing the court below to conclude the trial of the aforesaid complaint case, in accordance with law, within a period of six months from the date of production of certified copy of this Court without granting unnecessary adjournments to either of the parties. It is made clear that that adjournment shall be granted on heavy cost.

7. Till conclusion of trial, no coercive action shall be taken against the applicant. Applicant is also directed to cooperate in the trial.

8. With the aforesaid observation, the present anticipatory bail application is disposed of.

Order Date :- 10.5.2024

Ajeet