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2025 DAILYLAW 200690 (ALL)

NAIM v. STATE OF U.P.

BAIL/6661/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6661 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Nikhil Kumar, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the record. 3. This is second bail application. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 10.02.2020 passed in Crl. Misc. Bail Application No. 4843 of 2020 (Naim Vs. State of U.P.). 4. A short counter affidavit dated 13.10.2025 has been filed by learned counsel for the first informant which is on record. On 08.10.2025 the following order was passed by this Court: "1. List revised. 2. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Nikhil Kumar, learned counsel for the first informant, Sri Triveni Saran Rai, learned counsel for the State and perused the record. 3. After arguments at some length and on the statement of learned counsel for the first informant that trial in the matter is at the stage of final arguments, the same was disputed by learned counsel for the applicant by submitting that the fact as stated, is incorrect and the prosecution evidence although has concluded but the trial is at the stage of defense. 4. Learned counsel for the first informant prays for four(04) days time to seek instructions and file the relevant documents. Prayer is allowed. 5. List on 15.10.2025." 5. Today while placing the short counter affidavit, learned counsel for the first informant has placed its annexure 1 being the certified copy of the Versus Counsel for Applicant(s) : Nitin Sharma, Prabhat Kumar Pandey Counsel for Opposite Party(s) : G.A., Nikhil Kumar Naim .....Applicant(s) State of U.P. .....Opposite Party(s) order sheet of the trial court from 06.08.2025 to 08.10.2025 a perusal of which goes to show that the trial is at the stage of final arguments. Further learned counsel for the first informant has placed annexure 3 to the same being the judgment of the Apex Court in the case of Dablu Kujur Vs. State of Jharkhand : 2024 INSC 197 and while placing para 3 and 4 to the same has submitted that the Apex Court in the said case has observed that since the trial is at the fag end, the Court was not inclined to release the appellant on bail. He submits that the situation in the present matter is also the same. In so far as the situation of the trial is concerned, the same is not disputed by learned counsel for the applicant. 6. Looking to the facts of the case, stage of the trial particularly the fact that it is at the stage of final arguments and is at the fag end, it is provided that the trial court shall ensure the conclusion of the trial at the earliest without granting undue adjournments to either of the parties. The trial court is expected to conclude the trial at the earliest. 7. In view of the same, bail application thus stands disposed of with the aforesaid directions. 8. Pending application(s), if any, also stand disposed of. 9. Office to communicate this order to the concerned trial court within one week for necessary action. October 15, 2025 M. ARIF BAIL No. 6661 of 2025 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad