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Neutral Citation No. - 2025:AHC:12094 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43637 of 2024 Applicant :- Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Pandey,Saurabh Shahi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Shri Neeraj Kumar Pandey, learned counsel for the applicant and Shri Ajeet Madhesiya, learned Brief Holder for the State-respondent. 2. The instant third application has been filed seeking release of the applicant on bail in S. T. No.1085 of 2014, arising out of Case Crime No.435 of 2014, under Section 302 I.P.C. and Sections 3(2) (v) S.C./S.T. Act, Police Station Katghar, District Moradabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however as per allegation, applicant committed the murder of the brother of the informant but entire allegation levelled against him is totally false. 4. He further submits that however, apart from the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit and in all the cases, he is on bail. 5. He further submits that applicant is in jail since 08.07.2014 i.e. for last more than ten and half years and till date, trial of the case could not be concluded, therefore, considering the long incarceration of of the applicant of more than ten and half years, he should be released on bail. 6. Per contra, learned Brief Holder for the State-respondent submits that considering the long incarceration of the applicant, on previous date, a report was called from the court concerned and pursuant to the order passed by this Court, court concerned has submitted its report, which is on record and from its perusal, it reflects, trial of the case is at its last leg and dates are being fixed for final argument ad considering this fact, it is not appropriate to
release the applicant on bail at this stage. However, he suggested that court concerned may be directed to conclude the trial as expeditious as possible. 7. I have heard learned counsel for both the parties and perused the record of the case. 8.
As per allegation, applicant committed the murder of the brother of the informant but in the present matter applicant is in jail since 08.07.2014 i.e. for last more than ten and half years and considering his long incarceration, a report was called from the court concerned about status of trial and from its perusal, it reflects that trial is on the verge of its conclusion and dates are being fixed for final argument, therefore, I am not inclined to release the applicant on bail at this belated stage of trial, accordingly, the instant bail application is dismissed. 9. However, it is expected that as applicant is in jail since July, 2014 i.e. for last more than ten and half years and trial of the case is at its last leg and dates are being fixed for final argument, trial court will conclude the trial of the case within a period of two months from the date of the order passed today. 10. Registrar (Compliance) is directed to communicate the order passed by this Court today within 48 hours to the District Judge court concerned for necessary compliance/action. Order Date :- 23.1.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad