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Neutral Citation No. - 2025:AHC:127963 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13921 of 2025 Applicant :- Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kripa Shanker Pandey,Rajeev Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard Mr. Kripa Shanker Pandey, learned counsel for the applicant, Mr. Jay Singh Yadav, learned counsel for the complainant and learned Additional Government Advocate representing the State. By means of this fourth bail application, applicant- Rajendra Singh, who is involved in Case Crime No. 234 of 2017, under Sections 147, 148, 149, 302, 307, 504, 34 I.P.C., Police Station Khekra, District Baghpat, seeks enlargement on bail during the pendency of trial. First, second and third bail applications of the applicant were rejected by this Court vide orders dated 01.06.2022, 31.07.2024 and 24.03.2025 passed in Criminal Misc. Bail Application Nos. 15638 of 2019, 25653 of 2023 and 3654 of 2025 respectively. Against the rejection of first bail application vide
order dated 01.06.2022, the applicant has preferred Special Leave Petition (Criminal) No. 13718 of 2024, which was disposed of vide order dated 14.10.2024 by the Hon'ble Supreme Court directing the Sessions Court to dispose of the matter within a period of six months. Mains substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 10.07.2017, but his trial has not been concluded on account of pendency of Transfer Application (Criminal) No. 683 of 2024 filed by the
complainant before this Court without any stay order. Vide order of this Court dated 30.04.2025 a report was called for from the concerned presiding officer with regard to present status of trial of the applicant which reads thus:-
"This is fourth bail application of the applicant. The first, second and third bail applications of the applicant were rejected vide orders dated 01.06.2022, 31.07.2024 and 24.03.2025 passed in Criminal Misc. Bail Application Nos. 15638 of 2019, 25653 of 2023 and 3654 of 2025, respectively. Main substratum of arguments of learned counsel for the applicant is that the trial of the applicant is at the fag end. The informant has moved Transfer Application No.683 of 2024 before this Court and there is no stay order in the said case but on account of pendency of the said transfer application, the trial court is not proceeding further. It is also pointed out that this Court while rejecting second bail application of the applicant bearing No. 25653 of 2023 vide order dated 31.07.2024 directed the trial court to conclude the trial of the applicant expeditiously without granting any adjournment to either of the parties. Let a report be called for from the concerned Presiding Officer with regard to aforesaid submission raised on behalf of the accused-applicant. The report shall specifically indicate that when there is no stay order in the aforesaid transfer application then why the trial of the applicant is not proceeding effectively. Let this matter be listed on 04.07.2025 alongwith records of previous bail applications of the applicant." Pursuant to the aforesaid order dated 30.04.2025 the trial court has submitted its report dated 15.07.2025 apprising this Court that the case is at the stage of final argument.
Today, during the course of argument learned counsel for the parties pointed out that Transfer Application (Criminal) No. 683 of 2024 has been dismissed as withdrawn vide order datd 18.07.2025 of this Court. So far as trial of the applicant is concerned, it is further pointed out that final argument on behalf of prosecution has been completed on 28.07.2025 and argument on behalf of
the defence is going on since 29.07.2025. Considering the aforesaid stage of trial of the applicant, in the light of judgement of the Hon'ble Apex Court in the case of X vs. State of Rajasthan and Another, 2024 SCC OnLine SC 3539, I do not find any good ground to enlarge the applicant on bail at this stage. Accordingly, the bail application is rejected. However, trial court is directed to conclude the trial of the applicant and other co-accused persons expeditiously, without granting any adjournment to either of the parties. Copy of this order be sent to the concerned trial court within 24 hours for necessary information and compliance.
Order Date :- 31.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad