Allahabad High Court
Jaivindra Sharma vs State Of U.P. on 17 January, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15926 of 2020 Applicant :- Jaivindra Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Anas Raza,Avnish Kumar Srivastava,Pradeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
2. Heard Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar Mishra, learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the material placed on record.
3. This is the second bail application moved on behalf of the applicant with a prayed to release him on bail in Case Crime No. 977 of 2018, U/S 147, 148, 149, 324, 307, 302, 504, 506 of IPC, Police Station Kankarkhera, District Meerut, during the pendency of trial. His first bail application was rejected by Hon'ble Mr. (Retd.) Justice Harsh Kumar vide order dated 22.01.2019 passed in Criminal Misc. Bail Application No.1928 of 2019.
4. Learned Senior Counsel for the applicant has stated that the co-accused Shivam @ Shubham has been enlarged on bail by another Bench of this Court vide order dated 5.3.2020 passed in Criminal Misc. Bail Application No.45808 of 2019 and the applicant is also entitled for the same on the ground of parity. Learned Senior Counsel has fairly conceded the fact that three witnesses have been examined who have reiterated the allegations levelled in the FIR. However, he could not put forth any new evidence or new ground for granting bail to the applicant except the ground of long incarceration of the applicant i.e. since 18.08.2018.
5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant by stating that on the point of long incarceration, learned AGA has stated that the maximum punishment for the offence u/s 302 IPC is of life imprisonment. Learned AGA has also stated that the case of the applicant is distinguishable to the case of co-accused Shivam @ Shubham and, therefore, he is not entitled for bail.
6. Having considered the rival submissions advanced by the learned counsel for the parties and also considering the fact that three witnesses have been examined, this Court is not inclined to release the applicant on bail at this stage as no new ground for bail could be indicated by the counsel for applicant.
7. In view of the above, the bail application is dismissed.
8. However, the learned Trial Court is directed to proceed with the trial and reach at the logical conclusion expeditiously, unless there is no legal impediment, if possible, within a period of one year from the date of production of a certified copy of this order.
9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 17.1.2023 Siddhant