Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12989 Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42516 of 2024 Applicant :- Beeran Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Manvednra Singh, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. This is second bail application. The first bail application of applicant is rejected and reasons assigned therein are as follows :-
"(a) It is a case where deceased died due to multiple incised wounds on head and face. (b) As per prosecution story there is an eye witness account also, who has assigned specific role of assault by Fawda to applicant. (c) Court takes note of nature of evidence of PW-1, however, according to prosecution story the star witness, i.e., younger brother of deceased (Dewar of Informant) is still not examined. (d) Applicant is in jail from 21.10.2022, i.e., for about one year and seven months and number of proposed witnesses are 14, as such aforesaid period cannot be treated as prolonged incarceration. (e) Court also takes note that there is criminal history of one case of applicant which has been disclosed in bail application wherein applicant has already been granted bail. " Applicant-Beeran has again approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 178 of 2022 (Session Trial No. 200 of 2023), under Sections 302/34 IPC, Police Station Hathgaon, District Fatehpur. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report dated 30.11.2024 that out of proposed 14 witnesses, two witnesses have been examined and trial could be concluded within four months. A bailable warrant has been issued to ensure the presence of witnesses.
Learned counsel for applicant submits that he is in jail since 21.10.2022 i.e. more than two years and trial is proceeding in a snail's speed. Learned counsel further submits on merit of case, however, such arguments have already been considered and rejected while rejecting the first bail application by this Court. Learned A.G.A. for State has opposed the above submissions and submits there are serious allegation against applicant as well as that trial is proceeding. I have considered the above submission and taking note of nature of allegation against applicant as well as the grounds on which the first bail application was rejected and the only subsequent event is that further incarceration period which is about 8 months would not be considered to be a prolong detention and considering that trial is proceeding. Accordingly, bail application is rejected.
Order Date :- 24.1.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad