MANOJ SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/3005/2025 · 2025-04-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133098 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133098 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21233 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3005 of 2025 Applicant :- Manoj Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rajiv Raman Srivastava, learned counsel for the applicant, Sri R.K. Verma, learned Additional Government Advocate-I for the State, and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0234 of 2001, under Sections 354, 376 and 511 I.P.C. registered at Police Station Laharpur, District Sitapur.
3. Initially, the applicant had been granted bail in the aforesaid case by means of an order dated 11.09.2001 passed by the Chief Judicial Magistrate, Sitapur. However, the applicant did not participate in the proceedings since his release on bail and as warrants were issued against him, he was taken into custody on 12.02.2025.
4. Keeping in view the aforesaid conduct of the applicant, which shows that he did not participate in the trial for 24 long years after having been released on bail, this Court is of the considered view that the aforesaid facts and circumstances of the case do not warrant the discretion to be exercised for releasing the applicant on bail. Accordingly, the instant bail application is rejected.
5. The applicant is accused of offences under Sections 354, 376 and 511 IPC. The proviso appended to Section 309(1) CrPC provides as follows:-
"Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB of the Indian Penal Code, the inquiry or trial shall be completed within a period of two months from the date of filing of the charge sheet."
6. Therefore, it is observed that the trial Court shall proceed with the trial and conclude the same expeditiously, keeping in view the provision contained in the proviso appended to Section 309(1) CrPC. (Subhash Vidyarthi, J.) Order Date :- 15.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench