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Neutral Citation No. - 2025:AHC:73917 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13417 of 2025 Applicant :- Ankit Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Satyawan Yadav,Surya Ditya Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri S.B. Singh, learned counsel for applicant, Sri Bhupendra Pal Singh, learned AGA for State and Sri Mukesh Kumar Singh, Advocate for Informant. 2. This is fifth bail application filed by applicant-Ankit Kumar Yadav in Case Crime No. 36 of 2022, under Sections 302, 201 IPC, Police Station Chilh, District Mirzapur. First, second, third and fourth bail applications of applicant were rejected vide orders dated 14.09.2022, 18.04.2023, 12.03.2024 and 01.10.2024, respectively. 3. Learned counsel for applicant has vehemently argued that since trial is not concluded within the period as observed by this Court while rejecting fourth bail application on 01.10.2024, therefore, applicant is entitled for bail as he is in jail since 03.03.2022, i.e., for just more than three years and he referred a judgment passed by Supreme Court in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, (2024)9 SCC 813. 4. Learned AGA appearing for State and learned counsel appearing for Informant have opposed the prayer for bail. 5. In pursuance of an order passed by this Court, Trial Court concerned has submitted report dated 06.05.2025 that evidence of
prosecution witnesses is over and trial is fixed for 19.05.2025 to record statement of accused under Section 313 Cr.P.C.
6. In aforesaid circumstances, this Court is of the view that trial has substantially progressed. So far as submission with regard to prolonged detention is concerned, applicant is in jail for just more than three years, which cannot be considered to be prolonged detention considering that allegation against applicant is of murder. 7. In Javed Gulam Nabi Shaikh (supra) the facts were different that since said applicant was in jail for about four years and even the charge was not framed, whereas in the present case, as referred above, trial has proceeded much as it is at the fag end, i.e., at the stage of recording evidence of accused under Section 313 Cr.P.C.
8. Accordingly, Court is of the opinion that no case of bail is made out. The application is accordingly rejected.
Order Date :- 7.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad