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2025 DAILYLAW 126145 (ALL)

PAWAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/1998/2025 · 2025-07-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42706 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1998 of 2025 Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shresth Agarwal Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This second bail application has been moved by the accused/applicant - Pawan Kumar for grant of bail, in Case Crime No.96 of 2023 under sections 304, 34 I.P.C., Police Station Kotwali Dehat, District Sultanpur, during trial as his first bail application has been rejected by this Court vide order dated 6.12.2023 passed in Criminal Misc. Bail Application No.13056 of 2023. 3. Learned counsel for the accused-applicant while pressing the bail application submits that this Court while rejecting first bail application of the applicant has directed the trial court to expedite the trial and conclude the same preferably within a period of ten months from the date a certified copy of this order is produced before it, but till date only P.W.-1 - Urmila Yadav, who is the complainant, has been examined before the trial court having regard to the pace with which trial is going on before the trial court, the same is not going to conclude in near future. Therefore, the applicant may be enlarged on bail. 4. Learned A.G.A. for the State vehemently opposes the prayer of bail of the applicant on the ground that expect the period of incarceration, there is no new ground since rejection of first bail application of the applicant and the trial court is making all out efforts to conclude the trial at the earliest. All the grounds, which have been argued by learned counsel for the petitioner, were already considered by this Court. Therefore, he is not entitled to be released on bail. 5. Having heard learned counsel for the parties and having perused the record, it is evident that the first bail application was rejected after considering the statement of four witnesses and incarceration period is only two years. Thus having regard to all the facts and circumstances of this case and evidence available on record against the applicant, I do not find any new good ground to release the applicant on bail. Thus this second bail application moved on behalf of applicant -Pawan Kumar is hereby rejected. 6. However, the trial court is directed to proceed with the trial and make all out efforts to conclude the same as early as possible. 7. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. 8. Office is directed to immediately send a copy of the instant order to the trial court concerned for strict compliance. . (Brij Raj Singh,J.) Order Date :- 24.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench