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Neutral Citation No. - 2025:AHC:109506 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28134 of 2023 Applicant :- Farman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dheeraj Kumar Singh,Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. This is the second bail application. The first bail application was rejected by co-ordinate Bench vide order dated 2.3.2022 passed in Criminal Misc.Bail Application No.37545 of 2021.
3. Heard Sri Shubham Prakash Gupta, learned counsel for applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
4. The present bail application has been filed by the applicant in Case Crime No.702 of 2020, under Sections 376, 511, 504, 506 IPC and Section 9M/10 of POCSO Act, Police Station- Kharkhaunda, District-Meerut, with the prayer to enlarge him on bail.
5. As a new ground, learned counsel for the applicant has brought forward several inconsistencies in the statement of the witnesses and several contradictions in their statements. The applicant is in jail since 24.11.2020 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that there is no new ground to enlarge the applicant on bail. All the witnesses have deposed against the applicant.
7. After hearing learned counsel for the parties and taking into
consideration the fact that no new ground is there for pressing the second bail application, I do not find it a fit case for grant of bail to the applicant.
8. The bail application is found devoid of merits and is,
accordingly, rejected.
9. 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.
10. 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 :- 9.7.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad