MOHD. RAFEEQ IDRISHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/1827/2025 · 2025-04-17
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125995 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125995 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21866 Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1827 of 2025 Applicant :- Mohd. Rafeeq Idrishi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Prashant Kumar Mishra,Alok Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
2. This is third bail application filed on behalf of the applicant in Case Crime No.109 of 2021, under Sections 302 I.P.C., Police Station - Madiyaon, District - Lucknow, with the prayer to enlarge him on bail.
3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since
28.2.2021. He further submits that first bail application of the applicant was rejected vide
order dated 13.1.2022 passed in Criminal Misc. Bail Application No.317 of 2022 with the observation that trial court shall conclude the trial of the case in question expeditiously without granting unnecessary adjournment to either of the parties but till today trial has not been concluded. He also submits that in near future, there is no possibility of conclusion of trial. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the prayer for grant of bail and submits that applicant is husband of the deceased and 15 incised wound were found on the body of the deceased and knife is recovered from his possession. He further submits that trial of the case in question is at the verge of conclusion and now statement of Investigating Officer is being recorded, therefore, applicant is not entitled for bail.
5. Considering the rival submissions of learned
counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., earlier rejection order, statement of the witnesses and the report of learned trial court, it is evident that deposition of six witnesses have already been concluded and presently deposition of P.W.7 is going on. In such circumstances of the case, I am of the view that the applicant is not entitled to be released on bail, accordingly, the present bail application is hereby, dismissed.
6. The trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties.
Order Date :- 17.4.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench