Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67530 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7807 of 2025 Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Bhupendra Pal Singh, learned A.G.A. for the State.
2. This Court has passed following order on 27.01.2025 in Crl. Misc. Bail Application No. 47170 of 2024:-
"Sri Sudhir Mehrotra, Advocate holding brief of Sri Navin Kumar, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No. 322 of 2019, under Sections 147, 148, 149, 452, 307, 302, 325, 323, 324, 504, 506 I.P.C., Police Station - Nagal, District - Saharanpur. Applicant before this Court was summoned in pursuance of an order passed by this Court on 05.07.2024 in a proceeding arising out of Section 319 Cr.P.C. and thereafter he was arrested on 25.11.2024 and he is in jail for about a period of two months. According to status report of Trial Court trial was proceeded against other accused persons and out of 14 witnesses, statement of 4 prosecution witnesses have been examined and now the said witnesses have to be recalled for the purpose of trial of present applicant.
Learned counsel for applicant submits that similarly situated co-accused have already been granted bail and he refers the reason assigned by this Court in order dated 20.07.2021, whereby the bail of co-accused 'Joni' has been granted and said part of it is reproduced hereinafter :-
"7. Considering the rival submissions, material available on record, the period of detention already undergone, the unlikelihood of early conclusion of trial, absence of any convincing material to indicate the possibility of tampering with the evidence, relevant factors mentioned above, particularly that there was no firearm injury caused either to the deceased or any injured persons though allegedly it was used during the occurrence. The deceased had died after ten days from the date of incident. No specific role has been assigned to the applicant and considering that out of total seven accused persons, five have been granted bail by this Court, the applicant is entitled to be released on bail in this case. "
Learned A.G.A. for State submits that aforesaid order was passed when said applicant has already been under gone substantial period, however, present applicant is in jail only for last two months. I have considered the above submission and as referred, the trial of applicant is in a very initial stage, therefore, no case of bail is made, however, if it does not proceeded substantially within 10 months, applicant will have liberty to approach this Court again. Accordingly bail application is rejected."
3. The applicant has filed this bail application within 21 days after the aforesaid order was passed.
4. No subsequent event is made out to file second bail application within the very short period.
5. Accordingly, this bail application is rejected.
Order Date :- 30.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad