Allahabad High Court
Sandeep Pandey vs State Of U.P. on 25 November, 2019
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51797 of 2019 Applicant :- Sandeep Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Rupesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 417 of 2018 (S.T. No. 132 of 2018), under Sections 302/34 I.P.C., Police Station Kotwali, District Mahrajganj with the prayer to enlarge him on bail.
For the purpose of evaluating the prayer for bail, the Court notes that motive has been ascribed to the applicant and his Bhabhi in the commission of the murder of his brother. Bearing in mind the nature of the allegations which are levelled notwithstanding the fact that the statements of the mother and father as recorded during the course of trial prima facie do not support the prosecution case, the Court while finding no ground to enlarge the applicant on bail, only provides that the concerned Court shall endeavour to conclude the trial with expedition and in any case within a period of six months from the date of production of a certified copy of this order strictly in accordance with the provisions made in Section 309 Cr.P.C.
For the purposes of facilitating the concerned Court adhering to the time frame stipulated, the concerned Jail Superintendent is also hereby directed to ensure that the accused and all witnesses are duly produced on the dates fixed except in exceptional situations as statutorily envisaged in the Prisoners (Attendance In Courts) Act, 1955 and Sections 267-270 of the Code of Criminal Procedure, 1973. In case of exceptional circumstances such as illness and infirmity it is not possible to produce the accused or the witnesses, the Jail Superintendent shall depute a responsible officer who shall affirm an Affidavit before the Court concerned disclosing therein the reasons for non-production.
Order Date :- 25.11.2019 LA/-