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2025 DAILYLAW 33578 (ALL)

GULSHAN @ HAJRA v. STATE OF U.P.

BAIL/28925/2023 · 2025-07-06

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106403 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28925 of 2023 Applicant :- Gulshan @ Hajra Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Srivastava,Rakesh Kumar Srivastava,Syed Mohammad Abbas Husain Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 274 of 2018, under Sections 302, 120B, 34 I.P.C., Police Station Jarcha, District Gautam Budh Nagar, during the pendency of trial. 4. This is this second bail application. The first bail application was rejected by co-ordinate Bench of this Court vide order dated 25.10.2021. 5. Learned counsel for the applicant has stated that the applicant is innocent and he has been falsely implicated in the present case. He has nothing to do with the said offence. 6. There is no new ground raised by learned counsel for the applicant. Seven witnesses have been examined by the prosecution and the trial is at its conclusive stage. The only argument advanced by learned counsel for the applicant is the period of incarceration as the applicant is languishing in jail since 09.11.2018. The applicant is cooperating in trial. 7. Per contra, learned State Law Officer has vehemently opposed the bail. 8. After hearing learned counsel for the parties and taking into consideration the facts and circumstances of the case, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements 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. 11. 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 :- 7.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad