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2025 DAILYLAW 18517 (ALL)

ASHISH @ MUNI v. STATE OF U.P.

BAIL/14208/2023 · 2025-02-11

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19611 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14208 of 2023 Applicant :- Ashish @ Muni Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-By means of this second bail application, applicant- Ashish @ Muni who is involved in Case Crime No. 538 of 2019, under Section 302 I.P.C., Police Station Sirsaganj, District Firozabad, seeks enlargement on bail during the pendency of trial. 3-First bail application of the applicant was rejected by this Court vide order dated 17.05.2022 in Criminal Misc. Bail Application No. 13730 of 2020. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 05.10.2019 but his trial has not yet been concluded, therefore, considering the detention period of the applicant, he may be enlarged on bail. 5-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant by contending that the first information report was lodged by the son of the deceased. The wife and younger son of the deceased are eye witnesses of the incident. The applicant is the main accused who has committed the murder of the deceased by causing multiple knife injuries along with co-accused Hari Om, which is corroborated from the post-mortem report of the deceased, wherein six stab wounds and three incised wounds have been found on his body. The offence is heinous in nature. The bail application of the applicant is liable to be rejected. 6-Having heard the submission of learned counsel for the parties and perusing the record, I find that this Court vide its order dated 03.01.2025 had called for a report from the concerned Presiding OfÏcer with regard to present status of trial of the applicant. In compliance thereof, the concerned Presiding OfÏcer has submitted his report dated 01.02.2025 wherein he has stated that the statement of all the prosecution witnesses have been recorded. The prosecution has moved an application seeking time to produce F.S.L. report regarding knife (weapon of crime), therefore, the Joint Director of Forensic Science Laboratory, Agra was directed to produce the F.S.L. report expeditiously so that the trial of the applicant may be concluded at earliest. 7-Considering the nature of crime, material evidence on record and stage of trial of the applicant as noted above, I do not find any good ground to release the applicant on bail at this fag end of the trial. 8-Accordingly, the bail application of the applicant is rejected. 9-However considering the detention period of the applicant, the trial court is directed to make an endeavour to conclude the trial of the applicant expeditiously without granting any adjournment to either of the parties. 10-It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 11.2.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad