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2025 DAILYLAW 192282 (ALL)

BRIJMOHAN KUMAR v. STATE OF U.P.

BAIL/33530/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33530 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Jitendra Kumar Shukla, learned counsel for the applicant and Ms. Harshit Rani, learned A.G.A. for the State. 2. Applicant, herein, was apprehended in Case Crime No. 299 of 2019, under Section 8/21 of the N.D.P.S. Act, Police Station Sigra Sarai, District Varanasi. On 4.7.2019 he was granted bail by the trial court. Since the bail was granted to the applicant herein he never appeared before the trial court and has not participate in the trial. Due to which, non bailable warrant was issued against the applicant on 5.7.2023. Subsequent thereto he appeared before the trial court on 1.5.2025 and moved a recall application which was rejected by the trial court on 1.5.2025 itself. Subsequent thereto, applicant herein had moved a second bail application before the trial court concerned which was also rejected on 7.5.2025. Thereafter, applicant herein has filed Criminal Misc. Bail Application No. 19994 of 2025 which was rejected by this Court vide order dated 30.6.2025. 3. Again this second bail application has been filed seeking bail by the applicant and an urgency has been pressed, annexing therewith marriage invitation card, according to which the marriage of the applicant herein is scheduled to be solemnized on 2.11.2025. 4. Learned A.G.A. has opposed the bail application of the applicant, stating therein that if the applicant is granted bail, there are every likelihood that the applicant will indulge in the same criminal activity and Versus Counsel for Applicant(s) : Jitdendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Brijmohan Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) will not cooperate with the proceedings of the trial. 5. Having heard the submissions made by the learned counsel for the parties, this Court has carefully gone through the records of the case and looking into the previous conduct of the applicant who is deliberately avoiding the trial since the year 2019, this court has not found any good reason to enlarge the applicant on bail. Accordingly, the second bail application is hereby rejected. However, the trial court is directed to proceed with the trial as expeditiously as possible, with out granting any unnecessary adjournment within a period of one year. 6. So far as the marriage of the applicant is concerned, the applicant may move appropriate application for parole, which shall be dealt with expeditiously in accordance with law. October 13, 2025 n.u. BAIL No. 33530 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad