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2025 DAILYLAW 131709 (ALL)

ASIF v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2812/2025 · 2025-04-04

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18740 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2812 of 2025 Applicant :- Asif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mohd. Suhail,Ali Hasan Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 200 of 2009 under Section 307 IPC, P.S. Wazirganj, District Lucknow. 3. It appears from record that applicant was earlier granted bail in the aforesaid case but has failed to appear before the trial Court since March, 2019 leading to filing of non-bailaible warrant against him whereafter he has been arrested and is under incarceration. 4. The bail rejection order dated 31.01.2025 passed by trial Court clearly indicates non-cooperation of applicant continuously since March, 2019 due to which further proceedings of trial are held up. 5. Learned counsel for applicant submits that applicant was granted bail on 27.05.2009 in the aforesaid proceedings and has thereafter regularly attended the trial but due to some miscommunication between him and his counsel however he is unable to apear on the next date fixed in March, 2019 and thereafter was unable to appear due to Covid-19 pandemic and the trial Court being vacant for the years 2020-21. It is submitted that absence of applicant from the trial Court is not intentional or deliberate and was a result only of miscommunication. He undertakes to cooperate in the trial proceedings. 6. Learned AGA has opposed the bail application with the submission that the bail rejection order dated 31.01.2025 itself indicates non-cooperative attitude of applicant. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the bail rejection order dated 31.01.2025, it is evident that applicant after having been enlarged on bail in the year, 2009, failed to appear in trial proceedings since March, 2019 due to which the trial proceedings are held up and non- bailable warrant has also been issued against the applicant whereafter he was taken into custody. 8. The applicant has not indicated any efforts made by him with regard to his appearance in the trial proceedings after March, 2019. The facts indicated in the bail rejection order are self- evident that applicant is avoiding trial proceedings pleading to its pendency for the past five years. The trial Court, however, is directed to expedite the trial proceedings of Session Trial No. 230 of 2013. 9. Considering such submissions, this Court does not find any occasion to grant any indulgence. The application, therefore, is rejected. Order Date :- 4.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench