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2025 DAILYLAW 129175 (ALL)

MOHAMMAD BILAL KHAN v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME LOCKNOW

BAIL/2317/2025 · 2025-07-07

Rajeev Singh

body2025

Judgment text

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Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2317 of 2025 Applicant :- Mohammad Bilal Khan Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Locknow Counsel for Applicant :- Sandeep Kumar Pal,Desh Deepak Singh 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. The present second bail application has been filed on behalf of the applicant in Case Crime No.762 of 2021, under Sections 307 I.P.C. and Section 14 of Foreign Exchange Act, Police Station - Chinhat, District - Lucknow, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case merely on the basis of confessional statement of the applicant as well as other co- accused persons. He also submits that after arrest, applicant was implicated in four other cases, he is in jail since 7.12.2022 and charge has already been framed on 8.8.2023. Learned counsel for the applicant further submits that all the witnesses are police personnel but till today only one witness has been examined out of 45, therefore, there is no possibility of conclusion of trail in near future. In such circumstances, applicant is entitled for bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that applicant is a resident of Vageraht Khula, Bangladesh, earlier his involvement was found in one case, in which, he was enlarged on bail, thereafter, he went back to Bangladesh and in case, he is enlarged on bail in the present case, there is possibility that applicant will not cooperate in the trial. He further requested that trial court may be directed to conclude the trial expeditiously. 5. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of the bail application as well as other relevant documents, as the applicant is a resident of District Vageraht, Bangladesh, therefore, it is difficult to ensure the presence of applicant for conclusion of trial. In such circumstance, this Court is of the view that applicant is not entitled for bail, accordingly, the same is hereby rejected. 6. Trial court is directed to conclude the trial expeditiously without giving any adjournment to either of the parties, within a period of three months from the date of production of certified copy of this order. 7. The Commissioner of Police, Lucknow as well as Joint Director, Prosecution, Lucknow are directed to ensure the presence of witnesses before the trial court. 8. In case, trial is not concluded within three months, it is open to the applicant to file fresh bail application. 9. Senior Registrar of this Court is also directed to communicate this order to the learned trial court, Director General of Police, U.P., Lucknow, Commissioner of the Police, Lucknow and Joint Director, Prosecution, Lucknow for necessary compliance. Order Date :- 7.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench