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Neutral Citation No. - 2025:AHC:56990 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7517 of 2024 Applicant :- Manoj Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Tripathi,Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. Instant second bail application filed on behalf of applicant Manoj Bhardwaj under Section 439 of Cr.P.C. seeking bail in Case Crime No.253 of 2022, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Kotwali, District Ghaziabad, during pendency of trial.
2. Learned counsel appearing on behalf of applicant submitted that first bail application was rejected by the co-ordinate Bench of this Court vide order dated 09.10.2023. He further submitted that applicant is languishing in jail since 03.07.2022. The charge sheet has been filed on 28.09.2022 and the trial has already been commenced. It is informed that the cognizance taken by the Court concerned on 29.09.2022. He further submitted that in the instant case 24 witnesses are to be examined by the trial Court but yet no witness has been examined. Learned counsel based on the instructions further submitted that without pressing the second bail application on merit, direction may be issued to the trial Court to expedite the trial.
3. Learned A.G.A. appearing on behalf of State opposed the bail application on merit but has no opposition on the prayer made by
learned counsel for the applicant for expeditious trial.
4. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
5. It is an admitted fact that cognizance has been taken in the year
2022. It is also informed the Court by learned counsel appearing on behalf of parties that examination of the witness has not been started as yet after three years of date of cognizance.
6. Taking into consideration the stage of trial and since the applicant has not pressed the instant second bail application on merit, I am inclined to grant the request as made by learned counsel for the applicant.
7. Accordingly, the instant bail application is dismissed with direction to the trial Court to expedite the trial and conclude the same expeditiously preferably within one year without giving any unnecessary adjournment either of the parties.
Order Date :- 17.4.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad