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2025 DAILYLAW 161652 (ALL)

RAJENDRA LODH v. STATE OF U.P. THRU. PRIN. SECY. HOME

BAIL/11722/2023 · 2025-08-07

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46201 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11722 of 2023 Applicant :- Rajendra Lodh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Kaushal Kishore,Smriti Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Sri Piyush Kumar Singh, learned A.G.A for the State of U.P. and perused the record. 3. The present second bail application has been filed on behalf of the applicant involved in Case Crime No.266 of 2016, under Sections 302, 394, 411 I.P.C., Police Station - Kasimpur, District - Hardoi, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case showing false recovery and he is in jail since 23.9.2016. She further submits that first bail application of the applicant was rejected vide order dated 26.7.2021 passed in Bail No.10568 of 2019 with the direction to the trial court to conclude the trial expeditiously, preferably within a period of one year from the date of production of a certified copy of the order but till today, trial has not been concluded. She also submits that applicant was implicated in 23 cases, out of which, in 7 cases, he has already been acquitted and in 12 cases, the sentence has already been undergone, there is no possibility of conclusion of trial in near future. She lastly drew attention of the court on the contents of the supplementary affidavit, in which, status of criminal antecedents of the applicant is mentioned. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for grant of bail and submits that recovery was made from the possession of the applicant. He also submits that admittedly applicant has already served out the sentence in 12 cases and the supplementary affidavit filed by the learned counsel for the applicant reveals that the applicant was convicted in 12 cases, therefore, he may not be enlarged on bail. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A., material available on record, contents of the bail application as well as supplementary affidavit filed by learned counsel for the applicant, indisputably applicant has already served out the sentence in 12 cases and the supplementary affidavit also reveals that his involvement was found in several cases, therefore, this Court is of the view that applicant is not entitled for bail, accordingly, the present bail application is hereby dismissed. 7. Trial Court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties, within a period of six months. 8. Senior Registrar of this Court is directed to communicate the order to the learned trial court, forthwith. Order Date :- 7.8.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench