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Allahabad High Court · body

2019 DIGILAW 1781 (ALL)

Akil v. State of U. P.

2019-07-25

BACHCHOO LAL

body2019
JUDGMENT : Bachchoo Lal, J. This third bail application has been moved on behalf of the applicant Akil who is involved in Case Crime No. 729 of 2014, under section 147, 148, 149, 307, 302, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Massoorie, District Ghaziabad. 2. The first and the second bail applications of the applicant have been rejected on merit by this court vide orders dated 24.8.2016 and 18.5.2018 respectively. 3. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 4. Learned counsel for the applicant submits that the applicant is a heart patient and by-pass surgery has been advised by the doctor to the applicant. The Jail Superintendent of District Jail, Ghaziabad has also sent a letter on 27.11.2018 to the Additional District and Sessions Judge, Court No. 7, Ghaziabad to release the applicant on bail on medical ground as per provision of Jail Manual para-456. The applicant has moved an application before the court concerned which has been rejected by the court below on 19.12.2018 mentioning therein that medical aid is being provided to the applicant. It has been further submitted that the applicant is languishing in jail since 27.9.2014 and the trial has not been concluded till date. 5. Per contra learned A.G.A. opposed the prayer for bail and argued that the first and the second bail applications of the applicant have been rejected on merit. In the first information report, it has been mentioned that the applicant has fired upon the deceased with his licensee rifle. There are eye witnesses of the alleged incident and in this case the statements of witnesses of fact and doctor have been recorded by the trial court and the case is fixing for remaining prosecution evidence. It has been further submitted that the applicant is involved in a murder case. Medical aid is being provided to the applicant by the jail authority. There is no new ground in this third bail application, therefore, the applicant is not entitled for bail. 6. Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, I do not find any good ground to release the applicant on bail. Accordingly, the third bail application of the applicant is hereby rejected. 7. 6. Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, I do not find any good ground to release the applicant on bail. Accordingly, the third bail application of the applicant is hereby rejected. 7. However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.