Court No. - 51
Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 21344 of 2019 Applicant :- Ram Narayan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Vijay Kumar Pandey, learned counsel for the applicant and Sri Rajesh Mishra, learned AGA appearing for the State.
This second bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.193 of 2016, under Sections 376, 305, 452, IPC, and Section 4 of Protection of Children from Sexual Offence Act, Police Station Jalalpur, District Hamirpur.
This is the second bail application moved on behalf of the applicant. The first bail application was rejected on 17.05.2017.
The second bail applicant being pressed solely on the ground that the applicant is in jail since 07.11.2016. Perusal of record shows that no subsequent development or new ground has been brought on record.
Looking to the aforesaid facts, no case for grant of any indulgence has been made out.
Accordingly, the application for bail is rejected at this stage.
However, looking to the fact that the applicant is in jail since 17.09.2016, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 22.8.2019 VKG