Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:108992 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13925 of 2025 Applicant :- Umesh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Mohd. Afzal, learned counsel for applicant and learned AGA for State. 2. This is second bail application. The first bail application was rejected vide order dated 17.05.2024 and relevant part thereof is quoted below :-
“I am of considered opinion that it is not a fit case to grant bail to applicant mainly on following grounds:- (a) The delay in lodgement of F.I.R. is explained in F.I.R. itself that deceased could not be reachable for few days and, therefore, initially a missing report was lodged and thereafter when it was further inquired involvement of applicant was surfaced. The confessional statement of applicant indicates that after murder, dead body was thrown into water as such chances of its recovery are very remote. (b) During investigation, from possession of the applicant, documents of deceased such as his ATM Card, PAN Card, Aadhar Card, Passbook of bank and a mobile phone was recovered and on further investigation, record of transaction of huge money from bank account of deceased to bank account of applicant were also found. (c) The Court takes note that at this stage, chain of circumstance appears to be complete. Applicant is involved in a serious crime and at this stage, period of incarceration which is
about one year and four months is not a prolong detention period though trial is still not commenced.”
3. In pursuance of order of this Court dated 21.05.2025, the Investigating Officer/PW-8 Awadhesh Kumar Tripathi is present in person who is identified by learned AGA. 4. Learned AGA, at the outset, submits that statement of PW-8 has already been recorded, therefore, trial is at fag end and a direction be issued to trial Court to conclude the trial expeditiously. 5. Learned counsel for applicant has no objection to the prayer made by learned AGA. 6. In aforesaid circumstances, since trial is at fag end since prosecution witnesses have already been examined, therefore, present bail application is, accordingly, rejected. 7.
However, a liberty is granted to applicant that in case trial is not concluded within a period of 3 months from today, the applicant will be at liberty to approach this Court or trial Court, as the case may be, along with fresh status of trial. Order Date :- 9.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad