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2025 DAILYLAW 16405 (ALL)

SAJID ALI v. STATE OF U.P.

BAIL/6324/2025 · 2025-04-22

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60934 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6324 of 2025 Applicant :- Sajid Ali Opposite Party :- State of U.P. Counsel for Applicant :- U.C. Chaturvedi,Vashishtha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri U.C. Chaturvedi,Vashishtha Tiwari, learned counsel for the applicant, Sri B.P.Singh, learned A.G.A. and perused the records. 2. This is the third bail application. First bail application was rejected by this Court vide order dated 21.4.2023 and second bail application was disposed of by a reasoned order dated 26.9.2024 and relevant part thereof is mentioned hereinafter: "6. I have considered the above submissions as well as that period of detention and that offence is of murder. For such a serious crime, the period behind bar, which is just more than two years could not be fall within four corners of prolong detention period, otherwise, also one of the material witness has still not been examined. At this stage, Court cannot go into nature of the evidence that whether there are specific evidence against the applicant or not. 7. The Court takes note that the learned trial court has mentioned in the referred report that trial could be concluded within three months therefore, by rejecting the prayer for bail, this application is disposed of with a direction that the trial be concluded, expeditiously, and, in case, it is not concluded within the above referred period, the applicant will have a liberty to approach this Court along with status of the trial." . 3. Applicant has approached before this Court for enlargement of Bail in Case Crime No.202 of 2022, under Sections 302, 34, 120-B I.P.C. Police Station- Nauchandi, District- Meerut. 4. Learned counsel for applicant submitted that applicant is in jail since 28.7.2022 i.e. about 2 years and 9 months. 5. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report dated 19.3.2025 that out of proposed 11 prosecution witnesses, 10 have been examined, therefore, trial is at the fag end. 6. Complainant has approached this Court by way of filing an application under Section 482 No.43873 of 2024, challenging an order dated 11.12.2024, whereby an application filed by the applicant in terms of Section 311 Cr.P.C. was rejected and this Court vide order dated 8.1.2025 has stayed further proceedings of Sessions Trial No.2138 of 2022. 7. No information is placed on record about further date on the said application. 8. Learned counsel for applicant submitted that in the aforesaid circumstances since all material witnesses have been examined and there is no material that applicant will influence any witnesses, therefore, he may be released on bail. 9. Learned A.G.A. has opposed the bail and submitted that nature of testimony recorded so far is against the applicant. 10. I have considered the above submissions. 11. Since trial is at the fag end, though presently stayed by a co- ordinate Bench of this Court as referred above, therefore, considering period of detention i.e. about 2 years and 9 months as well as nature of evidence also, no case of bail is made out at this stage, therefore, this bail application is rejected. However, applicant can approach this Court after a period of six months. Order Date :- 23.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad