VICKY GAUTAM ALIAS AJAY KUMAR GAUTAM v. STATE OF U.P.
BAIL/5449/2025 · 2025-07-09
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18117 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18117 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109522 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5449 of 2025 Applicant :- Vicky Gautam Alias Ajay Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Bahadur Yadav,Sanjeev Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit and rejoinder affidavit filed today are taken on record.
3. Heard Sri Rajesh Kumar Dubey, Advocate holding brief of Sri Ajay Bahadur Yadav, learned counsel for applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.
4. The present bail application has been filed by the applicant in Case Crime No.823 of 2023, under Sections 354-A, 323, 504, 506 and 376 I.P.C., Police Station Kotwali Hata, District Kushinagar with the prayer to enlarge him on bail.
5. This is the second bail application on behalf of the applicant. The first one was rejected by this Court vide order dated 3.9.2024 passed in Criminal Misc. Bail Application No.4766 of 2024.
6. Learned counsel for the applicant has stated that as a new ground, there is no likelihood of early conclusion of trial in near future. The applicant is in jail since 20.12.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned State Law Officer has vehemently opposed the bail application.
8. After hearing learned counsel for the parties and taking into
consideration the fact that no new ground is there for pressing the second bail application, I do not find it a fit case for grant of bail to the applicant.
9. The present bail application is found devoid of merits and is, accordingly, rejected.
10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.
11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 10.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad