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2025 DAILYLAW 169018 (ALL)

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

BAIL/14699/2023 · 2025-02-18

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10625 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14699 of 2023 Applicant :- Chandrapal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Akhlaq Ali,Alok Kumar Mishra,Jaikaran,Salik Ram Tiwari,Sanjeev Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, the learned A.G.A. for the State of U.P. and perused the record. 2. This is second bail application of the applicant in Case Crime No.0037 of 2023, under Section 307 I.P.C., Police Station Jayas, District Amethi with the prayer to enlarge him on bail. 3. The first bail application of the applicant was rejected by this Court vide order dated 20.04.2023. 4. On earlier date, learned counsel for the applicant submitted that the victim, namely, Usha is willing to join the company of applicant as the incident was accidentally taken place. The victim is residing along with their children at the house of applicant and enjoying his property therefore, applicant may be enlarged on bail. 5. In pursuance of the aforesaid submissions of learned counsel for applicant, an order was passed by this Court on 05.02.2025, whereby S.H.O. of police station Jayas, district Amethi was directed to ensure presence of the victim before this Court. The victim Usha is present before this Court along with S.I. Sajja Deen and lady constable Radha Chauhan of police station Jayas, district Amethi. The victim has categorically stated before this Court that she never made any statement before the court below that she is willing to join the company of the applicant. She also stated that she is having life threat that in case applicant is enlarged on bail then she will be killed by the applicant. 6. Learned counsel for the applicant submitted that applicant is in jail since 13.02.2023 and the incident took place accidentally. First bail application of the applicant was rejected by this Court on 20.04.2023 with a direction to the trial court to conclude the trial expeditiously without giving any unnecessary adjournments to the parties. As the trial has not been concluded till date, therefore applicant may be enlarged on bail. 7. Learned A.G.A. has opposed the prayer of bail of the applicant and submitted that the applicant is sole named accused and also he is husband of the victim. He submits that the prosecution story as well as the medico legal report are categorically corroborating as well as the victim is having life threat therefore, the applicant does not deserve any indulgence by this Court. 8. Considering the submissions of learned counsel for the applicant as well as learned A.G.A. and going through the contents of the F.I.R., the injury report and deposition of the victim this Court is of the view that the applicant is not entitled for grant of bail. 9. Accordingly, the bail application is hereby rejected. 10. Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournments to either of the parties. Order Date :- 18.2.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench