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Neutral Citation No. - 2025:AHC:109379 Court No. - 82 Case :- APPLICATION U/S 482 No. - 2803 of 2025 Applicant :- Rajkumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kumar Pal,Praveen Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Praveen Kumar Singh, learned counsel for the applicant and Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case No. 1322 of 2016, under Sections 452, 307, 302 and 34 IPC, Police Station Kotwali Nagar, District Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is informant of the case and trial of the case is pending before the court concerned since year 2017, therefore, a direction may be given to the court concerned to conclude the trial within stipulated period. 4. At this stage, learned AGA submitted that due to heavy docket of court concerned, it is not desirable to pass such direction and therefore, instant application moved by the applicant is devoid of merit and it should be dismissed. 5. I have heard learned counsel for the parties and perused the record of the case. 6. However, applicant who is informant of the case, made a prayer to give a direction to the court concerned to conclude the trial of the case within stipulated period of time which is pending since year 2017 but after considering heavy work load of the court concerned, this Court finds merit in the argument advanced by learned AGA that such direction should not be given. 7. Further, Constitution Bench of five Judges of the Apex Court in case of High Court Bar Association Allahabad Vs. State of U.P. and others 2024 (6) SCC 267 held that constitutional courts should not normally fixed a time-bound schedule for disposal of cases pending in every court and orders fixing the outer limit for
disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations. In case at hand, there is no such exceptional circumstances in which a direction can be given to the trial court to conclude the trial within stipulated period of time. 8. In view of the above discussion, the instant application is devoid of merit and is accordingly, dismissed.
Order Date :- 9.7.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad