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2025 DAILYLAW 183052 (ALL)

PAPPU GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10069/2025 · 2025-12-18

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10069 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and and perused the record. 3. The present second bail application has been filed on behalf of the applicant in Case Crime No.290 of 2019 under Sections 302 I.P.C., Police Station - Kotwali Sadar, District - Lakhimpur Kher, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and is in jail since 13.3.2019. He further submits that first bail application of the applicant was rejected by this Court vide order dated 14.9.2019 passed in Bail No.10867 of 2019 with the direction to conclude the trial expeditiously, if possible within a period of one year from the date of production/receipt of certified copy of this order, in accordance with the law but till today, trial has not been concluded. He also submits that only eleven witnesses has been examined out of 35 witnesses, therefore, there is no possibility of conclusion of trial in near future. 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. vehemently opposes the prayer for grant of bail and submits that first bail application of the applicant was rejected on merit and iron rod as well as blood stained jacket was recovered on Versus Counsel for Applicant(s) : Dharm Trivedi Counsel for Opposite Party(s) : G.A. Pappu Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the pointing of the applicant. He further submits that there are sufficient evidences against the applicant, therefore, he is not entitled for bail. 6. Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., it is evident that 12 witnesses have already been examined before the trial court and iron rod as well as blood stained jacket was recovered on the pointing of the applicant, therefore, this Court is of the view that applicant is not entitled for bail, accordingly, the present bail application is rejected. 7. Trial court is directed to conclude the trial expeditiously, without giving any unnecessary adjournment to either of the parties. 8. Office is directed to communicate this order to the learned court below, forthwith. December 18, 2025 GauraV/- BAIL No. 10069 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench