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Neutral Citation No. - 2025:AHC:108943 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11860 of 2025 Applicant :- Pinku Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pal Singh Gaur,Manish Kumar,Naman Kishor Sharma 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 this Court vide order dated 06.08.2024
3. Heard Sri Manish Kumar, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record.
4. Applicant seeks bail in Case Crime No. 0165 of 2023, under Sections 376, 506 and 384 I.P.C. and Section 67 of I.T. Act, Police Station Dataganj, District Budaun, during the pendency of trial.
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. It is next stated that only three witnesses have been examined till date and there is no occasion for the applicant tempering with the evidence. The applicant is languishing in jail since 17.05.2024 and he is cooperating in trial.
6. Per contra, learned State Law Officer has vehemently opposed the bail on the ground three witnesses have already been examined, as such the applicant is not entitled for bail.
7. 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.
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, 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.
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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad