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2025 DAILYLAW 6307 (ALL)

AMAN @ CHHOTA v. STATE OF U.P.

BAIL/2458/2022 · 2025-04-21

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60126 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2458 of 2022 Applicant :- Aman @ Chhota Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Raj Yadav,Rajeev Tiwari Counsel for Opposite Party :- G.A.,Om Prakash Katiyar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Abhay Raj Yadav, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Sri Om Prakash Katiyar, learned counsel for the first informant is not present even in the revised list. 4. This is second bail application of the applicant seeking enlargement on bail in Case Crime No. 347 of 2020, under Section 304 I.P.C., Police Station Tirwa, District Kannauj. 5. The first bail application of the applicant was rejected by this Court vide order dated 17.8.2021 passed in Criminal Misc. Bail Application No.30663 of 2021. 6. Learned counsel for the applicant at the very outset submits that he does not intend to press the present second bail application on merits but his only prayer is that an appropriate direction be issued to the trial court to expedite the trial and give a direction to the trial court to decide the same in stipulated period of time. The applicant is in jail since 14.3.2021. It is submitted that till now 5 prosecution witnesses have been examined and the trial is under progress. 7. Per contra, learned counsel for the State opposed the prayer for bail and the said submission and submitted that the Apex Court in various judgments held that Courts should not give directions while rejecting the bail applications to the trial court to conclude the trial within stipulating period of time. It is submitted that as such no direction be issued for the same. 8. However since the bail is not being pressed on merits and prayer is only made for expediting the trial, it is provided that the applicant may file an application for expeditious disposal 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. 9. The second bail application is thus rejected on the said count. (Samit Gopal,J.) Order Date :- 22.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad