Allahabad High Court
Jogendra @ Jogi 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. - 49277 of 2019 Applicant :- Jogendra @ Jogi Opposite Party :- State of U.P. Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A. Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Radhey Shyam, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.138 of 2017, under Sections 147, 148, 149, 302, 34, 120-B I.P.C., Police Station Badalpur, District- Gautam Buddh Nagar with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that although the wife and the son of the deceased have failed to support the prosecution version, certain other witnesses of fact are yet to be examined. Although no disclosure in respect of this has been made in the bail application, learned A.G.A. on the basis of instructions apprises the Court that the applicant otherwise stands arraigned in as many as thirteen other criminal cases.
Bearing in mind the criminal antecedents of the applicant, the Court consequently finds no ground to enlarge the applicant on bail except to dispose of this application with the observation that the concerned Sessions Judge shall endeavour to conclude the trial with expedition and preferably within a period of six months from the date of presentation 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 Vivek Kr.