Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10482 of 2008 Petitioner :- Irshad Ahmad Respondent :- State Of U.P. Petitioner Counsel :- Nikhil Kumar Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicant- Irshad Ahmad seeks bail in Case Crime No. 116 of 2007, under
Sections 302,/120-B IPC & 7 Criminal Law Amendment Act, Police Station
Ali Nagar, District Chandauli.
Heard learned counsel for the applicant as well as learned A.G.A. and also
perused the material placed on record.
Submissions have been made by the learned counsel for the applicant that the
applicant is in jail since 30.3.2007 and the trial has commenced and
substantially proceeded. Although the trial has not concluded and it is likely
to consume some more time to conclude. Moreover, the applicant has got no
criminal history to his credit, thus deserves to be released on bail.
On the other hand, learned A.G.A. opposed this bail application and
contended that it would not be proper at this stage to release the applicant on
bail and, moreover, the prosecution is apprehensive of the fact that in case the
the applicant is allowed to be released on bail, there is every likelihood of his
fleeing away from the judicial process.
Taking note of the submissions of the learned counsel for the parties as well
as having perused the material placed on record, I do not find any good
ground to release the applicant on bail. The prayer for bail is refused and the
application is, therefore, rejected, without expressing any opinion on the
merits of the case.
However, taking into account that the applicant is in jail since 30.3.2007, the
trial court is directed to make every endeavour to conclude the trial
expeditiously in consonance with the provisions of Section 309 Cr.P.C. Both
the parties are expected to cooperate with the proceedings and not to seek
unnecessary adjournments.
The office is directed to send the copy of the order to the District Judge/Trial
Court immediately for the communication and necessary compliance.
Order Date :- 22.1.2010
Mt/