Allahabad High Court
Umar vs State Of U.P. on 26 March, 2021
Author: Manoj Misra
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10083 of 2021 Applicant :- Umar Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Bahadur Singh,Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State; and perused the record.
This is a third bail application of the applicant seeking bail in Case Crime No. 137 of 2017, P.S. Nizamabad, District-Azamgarh, under Sections 302 I.P.C.
This third bail application has been filed on the ground that the applicant had been languishing in jail since 27.06.2017 and not even a single eye-witness has so far been examined.
From the earlier bail rejecting order it appears that the deceased was inflicted with knife injuries by Khalid and Umar (the applicant). From applicant's pointing out the weapon of assault was recovered. Upon noticing that a bloodstained knife has been recovered from the pointing out of the applicant, the bail application was rejected. It appears that the deceased's wife is a witness of the alleged dying declaration of the deceased. The second bail application was rejected for non-prosecution.
Learned A.G.A. as well as counsel for the informant have opposed the prayer for bail.
I have given thoughtful consideration to the rival submissions, without expressing any opinion on the merits of the case, I do not find it to be a fit case for grant of bail to the applicant. The third bail application is rejected.
However, it is observed that the trial court would endeavour to conclude the trial, expeditiously, preferably, within a period of six months from the date of production of a copy of this order.
Information of this order be sent to the trial court for compliance.
It is made clear that if the witnesses or the other accused are not cooperating in the conclusion of the trial then the trial court shall not hesitate in taking coercive steps for their production.
Order Date :- 26.3.2021 Sunil Kr Tiwari