Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 58969 (ALL)

AMIT KUMAR v. STATE OF U.P.

BAIL/47590/2023 · 2025-05-05

Samit Gopal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:72254 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47590 of 2023 Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Indra Kumar Singh, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. Learned A.G.A. submits that in compliance of the order dated 03.3.2025 of this Court, Circle Officer Surendra Tiwari appeared before the trial court and was examined as P.W.-9 on 04.4.2025 and his testimony has been recorded in full. It is submitted that now no prosecution witness remained to be examined and the trial is to be decided. 4. Learned counsel for the applicant does not dispute the said fact. 5. This is the fourth bail application under Section 439 of Code of Criminal Procedure filed by the applicant Amit Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 57 of 2019, under Sections 498A, 304B, 201, 302, 316, 120B IPC and 3/4 D.P. Act, registered at P.S. Amritpur, District- Farrukhabad. 6. The first bail application of the applicant being Criminal Misc. Bail Application No.8763 of 2020 was rejected by other Bench of this Court on 05.3.2020. The same reads as under:- "Heard Sri Ajai Kumar Srivastava, counsel for the applicant, Sri Chandra Prakash Pandey, counsel for the informant and learned AGA for the State. The present bail application has been filed by the applicant in Case Crime No. 57 of 2019, u/s 498-A, 304-B, 201, 302, 316, 120-B IPC and 3/4 D.P. Act, P.S. Amritpur, District Farrukhabad with the prayer for enlarging him on bail. Learned counsel for the applicant submitted that the applicant is husband of the deceased and has been falsely implicated in this case on account of suspicion; infact the deceased was done to death at her Maika where her dead body was found after slitting her throat; there is no direct or circumstantial evidence against the applicant, therefore the applicant may be enlarged on bail. Per contra learned AGA has submitted that during investigation the applicant was arrested and he confessed to have murdered his wife and on his disclosure statement knife used in the commission of crime in slitting throat his wife which proved fatal was recovered, I do not find it to be a fit case for enlarging the applicant on bail. The bail application is, accordingly, rejected." 7. The second bail application of the applicant being Criminal Misc. Bail Application No.27456 of 2020 was rejected by other Bench of this Court on 20.11.2020. The same reads as under:- "Heard Sri Phool Chandra Saroj, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record. This is the second bail application has been moved seeking bail in Case Crime No.57 of 2019 under sections 498, 304B, 201, 302, 316, 120B I.P.C. and 3/4 D.P. Act, Police Station Amritpur, District Farrukhabad, during the pendency of trial. This is the second bail application. The first bail application was rejected by Hon'ble Rajul BhargavaJ (as he then was) vide order dated 5.3.2020. It was decided on merit. When enquire from the learned counsel for the applicant about the additional ground, he has failed to show anything, this is not found to be a fit case for grant of bail. Accordingly, the second bail application of the applicant is rejected." 8. The third bail application of the applicant being Criminal Misc. Bail Application No. 45070 of 2021 was rejected by this Court on 22.8.2023. The same reads as under:- "1. List revised. 2. No one appears on behalf of the applicant to press this third bail application. Sri Narendra Kumar Singh, learned counsel for the first informant is also not present. 3. Sri Devendra Nath Mishra, learned A.G.A. for the State are present. 4. The first bail application of the applicant was rejected vide order dated 5.3.2020 passed in Criminal Misc. Bail Application No. 8763 of 2020 (Amit Kumar Vs. State of U.P.) by Hon'ble Rajul Bhargava,J. (as he was then). 5. The second bail application of the applicant was rejected vide order dated 20.11.2020 passed in Criminal Misc. Bail Application No. 27456 of 2020 (Amit Kumar Vs. State of U.P.) by Hon'ble Dinesh Kumar Singh- I,J. (as he was then). 6. The records show that there was non appearance from the side of the applicant even when the matter was listed on 1.4.2022 and 18.4.2022. There is no representation on behalf of the applicant even today. 7. The bail application is dismissed for non-prosecution." 9. Learned counsel for the applicant at the very outset submits that since all the prosecution witnesses have been examined, he does not intend to press the present 4th bail application on merits but his only prayer is that an appropriate direction be issued to the trial court to conclude the trial within stipulated period of time. The applicant is in jail since 23.4.2019. 10. Learned counsel for the State could not dispute the same. 11. However since the bail is not being pressed on merits and prayer is only made for expeditious conclusion of the trial, it is provided that the applicant may file an application for expeditious conclusion of the trial of the case before the court concerned within two weeks from today, which may as per its load of work, diary and pendency of cases, pass appropriate orders on the same. 12. The bail application is thus rejected on the said count. (Samit Gopal,J.) Order Date :- 6.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad