Allahabad High Court
Narendra Singh Alias Pinku Singh vs State Of U.P. Thru. Prin.Secy. Home on 23 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2722 of 2023 Applicant :- Narendra Singh Alias Pinku Singh Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Shri Dhirendra Singh, learned Advocate has filed his 'Vakalatnama' on behalf of the complainant/informant. The same is taken on record.
Heard Shri Ashok Kumar Singh learned counsel for the accused-applicant, Shri Dhirendra Singh, learned counsel for the informant/complainant as well as learned A.G.A. for the State and perused the record.
This second bail application has been moved by the accused/applicant - Narendra Singh Alias Pinku Singh for grant of bail, in Case Crime No.156 of 2021 under Sections 147, 148, 149, 302/34, 506, 323, 308, 269, 270, 120-B I.P.C., 3 of the Epidemic Diseases Act and 7 of the Criminal Law Amendment Act, Police Station Mohanganj, District Amethi, during trial as his first bail application has been rejected on merits vide order dated 23.11.2022 passed in Criminal Misc. Bail Application No.1214 of 2022 by a Coordinate Bench of this Court.
A preliminary objection has been raised by learned A.G.A. as well as Shri Dhirendra Singh, learned counsel for the informant/complainant pertaining to the fact that it was on 23.11.2022 the first bail application of the applicant was rejected on merits and while rejecting the prayer of bail of the applicant Coordinate Bench of this Court had directed the trial court to proceed with the trial expeditiously and conclude the same within one year from the date a certified copy of the order is produced before it subject to full cooperation of the accused persons.
Grievance of the applicant appears to be that still no prosecution witness has been testified.
This contention of the learned counsel for the applicant has objected by learned counsel for the informant/complainant by informing that on 10.02.2023 one prosecution witness has been testified before the trial court and the cross examination has also been done, however, for further cross examination 24.02.2023 has been fixed.
Be that as it may, having regard to the time limit proscribed by the Coordinate Bench of this Court for conclusion of the trial by the trial court has still not expired thus though there is no bar in moving another bail application before the prescribed period, but having regard to the settled law there has to be change in circumstances since rejection of the first bail application of the applicant and change in circumstances should not be cosmetic and the same must be substantial.
Having regard to the fact that time limit prescribed by the trial court has not expired, I do not find any material change so far as the circumstances since the rejection of first bail application of the applicant.
Thus this second bail application appears to be premature and I do not find any good ground to release the applicant on bail. Thus the bail application moved on behalf of applicant - Narendra Singh Alias Pinku Singh is hereby rejected.
It has been informed by learned counsel for the applicant that in the charge sheet 33 witnesses have been cited and the apprehension of the applicant is that the pace with which the trial is going on before the trial court, the trial of the case is not expected to be concluded within the time limit prescribed by the Coordinate Bench of this Court.
Having regard to the apprehension shown by learned counsel for the applicant, the trial court is again directed to conclude the trial within the time limit prescribed by the Coordinate Bench of this Court vide order dated 23.11.2023 passed in Criminal Misc. Bail Application No.1214 of 2022 i.e. to conclude the trial within one year from a certified copy of the order dated 23.11.2022 is communicated to the trial court. If for conclusion of the trial within the stipulated period the case is required to be listed twice or thrice within a week, the trial court shall do so in order to comply the directions of the Coordinate Bench.
The Senior Superintendent of Police/Superintendent of Police, Amethi shall be personally responsible for producing the prosecution witness(s) before the trial court on each and every date on which the case shall be fixed before the trial court for the purpose of recording of the evidence of the prosecution witnesses.
It is also provided that in the event of presence of the prosecution witnesses before the trial court no adjournment shall be granted by the trial court to any party including the prosecution.
A copy of this order shall be immediately communicated to the Senior Superintendent of Police/Superintendent of Police, Amethi by learned A.G.A. and for this purpose, a copy of this order shall be provided to learned A.G.A. free of cost.
Office shall also communicate this order to the trial court concerned though the Sessions Judge concerned as it is informed that the trial is pending at Fast Track Court-III, Raebareli.
It is also expected that the Sessions Judge concerned shall keep a watch on the progress of this case before the trial court in the monthly meeting of the Judicial Officers.
Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.
Order Date :- 23.2.2023 Anupam S/-