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2010 DIGILAW 863 (ALL)

Sandeep @ Bhola v. State Of U. P.

2010-03-16

SURENDRA SINGH

body2010
Hon'ble Surendra Singh,J. Applicant- Sandeep @ Bhola seeks bail in Case Crime No. 1326 of 2008, under Sections 302 and 307 I.P.C., Police Station Singhani Gate, District Ghaziabad. 1. Heard learned counsel for the applicant as well as learned A.G.A. and also perused the material placed on record. 2. It is argued by the learned counsel for the applicant that the applicant is in jail since 27.10.2008 and the trial has not concluded, though the trial has already commenced and substantially proceeded as many as number of witnesses have already been examined but it is likely to consume some more time to conclude. Moreover, P.W.-1 has been declared hostile, thus, the applicant deserves to be released on bail at this stage. However, learned A.G.A. opposed this bail application and contended that in case the applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process. 3. Having heard the learned counsel for the parties and having gone through the material placed on record, it would not be proper for this Court to discuss evidence and give reasoning for consideration of bail application as it would undoubtedly affect the trial. Moreover, as contended by the learned counsel for the applicant that P.W.-1, was examined, has been declared hostile. If that is so, that is all the more reason for this Court not to release the applicant on bail when the trial is at precarious stage. 4. I do not find any good ground for consideration of prayer for bail at this stage the bail prayer is declined and the application is accordingly rejected, without expressing any opinion on merit of case. 5. However, taking into account that the applicant is in jail since 27.10.2008 the Sessions Judge / Trial Court is directed to expedite the trial and make an endeavour to conclude it as expeditiously as possible in consonance with the provision of Section 309 Cr. P.C. Both the parties are expected to co-operate in the trial and shall not seek unnecessary adjournment. The office is directed to send the copy of this order immediately to the District & Sessions Judge/ Trial Court for intimation and necessary compliance.