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Neutral Citation No. - 2025:AHC:13109 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50875 of 2021 Applicant :- Nadeem Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhishek Mayank,Abhishek Srivastava,Akhilesh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Abhishek Mayank, learned counsel for the applicant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record.
3. This is a second bail application. The first bail application of the applicant was rejected vide order dated 04.02.2021 passed by this Court in Criminal Misc. Bail Application No. 13858 of 2019.
4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Nadeem, seeking enlargement on bail during trial in connection with Case Crime No. 329 of 2018, under Sections 363, 366, 376, 506 IPC and Section 3/4 POCSO Act, registered at P.S. Gaunda, District Aligarh.
5. Learned counsel for the applicant has produced before the court an order dated 28.11.2024 passed by the Hon'ble Apex Court in Special Leave to Appeal (Cri) No.6182 of 2024 (Nadeem Vs. State of U.P.) and has submitted that although an interim order was passed by the Hon'ble Apex Court in the same, which was informed to the Court on 29.05.2024 and 21.10.2024 but the said matter has been finally decided by the said order and the trial court was directed to recall P.W.-1 for cross examination. It is further submitted that even the said stage has surpassed and as of now after the conclusion of the recording of evidence of witnesses of fact, two witnesses formal in nature are only to be examined. It is further submitted that appropriate order be thus passed for expeditious disposal of the trial.
6. Per contra, learned AGA opposed the prayer for bail.
7. Looking to the submission of learned counsel for the applicant and learned AGA for the State, it is provided that the trial court shall proceed with the trial expeditiously and make an endeavour to conclude the same at the earliest without granting undue adjournments to either of the parties subject to any legal impediment.
8. The bail application is, accordingly, rejected. Order Date :- 24.1.2025 Sanjeet (Samit Gopal,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad