Allahabad High Court
Gautam Kumar @ Akhilesh vs State Of Uttar Pradesh Through ... on 2 May, 2023
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33950 of 2022 Applicant :- Gautam Kumar @ Akhilesh Opposite Party :- State Of Uttar Pradesh Through Secretary Home Counsel for Applicant :- Man Mohan Mishra Counsel for Opposite Party :- Ashok Kumar Singh Hon'ble Saurabh Shyam Shamshery,J.
1.This is the second bail application.
2. First bail application was rejected by a reasoned order on 2.12.2021.
3. Heard Sri Sushil Shukla, Man Mohan Mishra, learned counsel for the applicant, Sri Chandan Agarwal, learned A.G.A.-I, Sri Ashok Kumar Singh, learned counsel for informant and perused the records.
4. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.118 of 2021, under Sections 304, 323 and 504 I.P.C., Police Station-Bhadohi, District-Bhadohi.
5. A report was sought from Trial Court about present status of trial.
6. Trial Court has submitted a report dated 7.4.2023 that total number of proposed witnesses are 14 and 3 prosecution witnesses i.e. P.W.1 to P.W.3 have already been examined. It is also mentioned in the report that trial can be concluded within a period of one year.
7. Learned counsel for applicant has referred to certain portion of statement of witness that no one has witnessed the occurrence. Applicant is languishing in jail since 4.6.2021, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial and in case of conviction, case may not travel beyond Section 304 Part II I.P.C.
8. Learned A.G.A. and learned counsel for informant have opposed the bail application and submitted that there is consistent evidence against the applicant which is supported by eyewitness as well as from testimony of witnesses.
9. Considering the present status of trial and considering the nature of evidence recorded before trial court as well as that court cannot look into certain portion of testimony while considering a bail application, therefore, this bail application is rejected at this stage and Trial Court is directed to take all endeavour to conclude the trial preferably within a period of six months from today.
10. Registrar (Compliance) to take steps.
Order Date :- 2.5.2023 SB