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2025 DAILYLAW 42008 (ALL)

SONU v. STATE OF U.P.

BAIL/12555/2025 · 2025-04-16

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56689 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12555 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Nagendra Kumar Singh, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 242 of 2018, under Sections 306 and 506 IPC, Police Station Palimukeempur, District Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that in the present matter applicant earlier had been released on bail by this Court in the year 2019 but unfortunately due to his livelihood he went outside his native place and therefore, he could not attend the proceedings of trial and thereafter when coercive measures were taken against him then he surrendered before the court concerned. 4. He further submitted that applicant was not having intention to linger on the proceedings and under compelling circumstances, he could not appear before the court concerned. 5. He further submitted that in the present matter applicant is in jail since 3.2.2025 and therefore, considering the facts and circumstances of the case, he should be released on bail. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant misused the liberty of bail earlier granted to him and from the bail rejection order of the court concerned dated 17.2.2025 it reflects that trial of the case is at is advanced stage and dates are being fixed for statements of accused recorded under section 313 Cr.P.C. and therefore, considering the advance stage of the trial, it is not proper to release the applicant on bail and therefore, his bail applicant should be dismissed. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects that applicant was released on bail by this Court in the year 2019 but it appears that he misused the liberty of bail and absconded and only after coercive measures, he surrendered before the court concerned on 2.2.2025. From the record it also reflects that trial of the case is at advanced stage and dates are being fixed for recording the statement of accused under section 313 Cr.P.C. Considering these facts, this Court finds merit in the argument advanced by learned AGA that it is not proper to release the applicant, at this stage. 9. Accordingly, the instant bail application stands rejected. 10. However, considering the fact that trial is at advanced stage and dates are being fixed for recording the statement of accused under section 313 Cr.P.C., this Court expects that trial court without any further delay will conclude the trial, at the earliest. 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 :- 17.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad