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2025 DAILYLAW 51602 (ALL)

RAJNISH SINGH v. STATE OF U.P.

BAIL/41325/2023 · 2025-02-07

Saumitra Dayal Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18376 Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41325 of 2023 Applicant :- Rajnish Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Vipul Kumar Singh Hon'ble Saumitra Dayal Singh,J. 1. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri R.K. Srivastava, learned A.G.A. for the State and Sri Vipul Kumar Singh, learned counsel for the informant. 2. This is the second bail application. The first bail application was rejected vide order dated 17.01.2020 in that vide para 7, it was observed as under:- "7. Though, learned counsel for the applicant would submit that the said evidence is yet to be proved and no inference may be drawn at this stage, it is equally true that at present, such material does appear from the case diary and there is nothing to doubt or disbelieve the prosecution case either. All these factors would remain to be considered by the trial court. At present, the victim boy, who was 12 years old, has not been recovered." 3. While this application has remained pending, the trial has proceeded. 4. The counter affidavit filed by the informant dated 04.02.2025 states that all evidence have been concluded and hearing is continuing. 5. Though, the trial itself is at very fag end, no plea of any witness having turned hostile etc. has been taken and no such fact has been shown as may warrant any further application of mind at this belated stage of the trial. As to the concern of learned counsel for the applicant, that unduly long period of time will be consumed before the final judgment is pronounced by the trial court, this Court has every hope that hearing of the trial would be concluded and judgment would be pronounced not later than 31.03.2025. 6. In view of that hope existing with the court, we find no merit in this second bail application. It is, accordingly, rejected. It is, however, hoped that judgment of the trial court would be pronounced not later than 31.03.2025. 7. Parties are at liberty to produce copy of this order before the learned trial court, on the next date. Order Date :- 7.2.2025 P Kesari (S.D. Singh, J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad