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Neutral Citation No. - 2025:AHC:108492 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43530 of 2024 Applicant :- Yaman @ Yogesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashwani Tripathi,Ramanuj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ramanuj Tripathi, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Learned A.G.A. has informed that notice to the informant has been served on 13.11.2024.
4. Applicant seeks bail in Case Crime No. 278 of 2023, under Sections 376(3), 506 I.P.C. and 3/4 POCSO Act, Police Station- Dankaur, District- Gautam Buddh Nagar, during the pendency of trial.
5. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 23.7.2024 passed in Criminal Misc. Bail Application No.2117 of 2024.
6. Learned counsel for the applicant has pressed the present bail application on the ground of period of incarceration and submitted that charges were framed on 19.3.2024 and no witness has been examined to date. It is submitted that applicant is languishing in jail since 19.11.2023, as such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application.
8. This Court had called for the status report from the trial court and the said status report dated 25.2.2025 says that the examination-in-chief of PW-1, informant was recorded on 5.2.2025, and subsequent to it. the case is fixed for cross- examination of the witness PW-1.
9. After hearing learned counsel for the parties and taking into
consideration the fact that no new ground is there for pressing the instant bail application, I do not find it a fit case for grant of bail to the applicant.
10. The bail application is found devoid of merits and is, accordingly, rejected.
11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.
12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 9.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad