JIYA UL v. State of U.P. Through the Principal Secretary Home, civil Secretariat, U.P. Government Lucknow
BAIL/683/2023 · 2025-09-01
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117006 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 683 of 2023 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. This is the second bail application. The first bail application was rejected vide order dated 30.8.2022 passed in Criminal Misc. Bail Application No. 11531 of 2021. Case called out. None appears for the applicant. Learned A.G.A. for the State as well as learned counsel for the complainant are present. The present application under Section 439 Cr.P.C. has been filed by the applicant- Jia Ul seeking bail in FIR/Case Crime No. 24 of 2021, under Sections 147, 148, 302/34 IPC, P.S.- Kotwali Nagar, District- Raebareli. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that the two eye-witnesses namely, Mohd. Taha (complainant) and Mohd. Yamin have attributed the role of firing at the deceased against the present applicant as well as the co-accused Fukhran. The cause of death is haemorrhage and shock due to ante-mortem gunshot injury. It is further submitted that only one prosecution witness is left to be examined in the trial. On due consideration to the submissions advanced, perusal of the record so also the post-mortem report, the statement of the two eye-witnesses named Versus Counsel for Applicant(s) : Farooq Ayoob Counsel for Opposite Party(s) : G.A. Jiya Ul .....Applicant(s) State Of U.P. Through The Principal Secretary Home, Civil Secretariat, U.P. Government Lucknow .....Opposite Party(s)
above, the role assigned to the applicant so also as per the statement of learned AGA as well as learned counsel for the complainant, there appears to be only one prosecution witness left to be examined in the trial and considering the gravity of the offence, I am not inclined to enlarge the applicant on bail. Accordingly, the second bail application is rejected. However, learned trial court is directed to make an earnest endeavour to expedite the trial. September 1, 2025 Shravan BAIL No. 683 of 2023 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench