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Neutral Citation No. - 2025:AHC:107400 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16056 of 2023 Applicant :- Jainam Opposite Party :- State of U.P. Counsel for Applicant :- Murli Dhar Mishra Counsel for Opposite Party :- G.A.,Gyanendra Pratap Sharma Hon'ble Krishan Pahal,J.
1. List has been revised. Learned counsel for the informant is not present.
2. Supplementary affidavit filed today is taken on record.
3. Heard Sri Ghanshyam Dubey, learned counsel for applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record.
4. This is the second bail application on behalf of the applicant. The first one was dismissed as withdrawn by the co-ordinate Bench of this Court vide order dated 13.3.2023 passed in Criminal Misc. Bail Application No.10623 of 2022.
5. The present bail application has been filed by the applicant in Case Crime No.08 of 2022, under Sections 302 and 201 IPC, Police Station Trilokpur, District Siddharth Nagar with the prayer to enlarge him on bail.
6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. Four witness of fact have been examined and there is no likelihood of early conclusion of trial in near future. The applicant is in jail since 30.01.2022 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 A.G.A. has vehemently opposed the bail application on the ground that the witnesses have categorically supported the prosecution story and the dead body of the deceased was recovered at the pointing out of the applicant.
8. Learned A.G.A. has further stated that there is statements of two
witnesses who had last seen the applicant with the deceased person, as such, the applicant is not entitled for bail.
9. After hearing learned counsel for the parties and taking into
consideration the fact that the FIR is prompt and there is recovery of dead body of the deceased at the pointing out of the applicant that too on the date of institution of FIR, I do not find it a fit case for grant of bail to the applicant.
10. The bail application is found devoid of merits and is, accordingly, rejected.
11. 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.
12. 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 :- 8.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad