DHARMJEET versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Dharmjeet v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11397 of 2005 [2005] RD-AH 2768 (13 September 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicant, learned A.G.A. And perused the record.

Counter affidavit has been filed by learned A.G.A.. Keep it on record. Learned counsel for the applicant has filed rejoinder affidavt. It be also taken on record.

The contention of the learned counsel for the applicant is that in this case two witnesses have examined but they have not supported the prosecution case and have been turned hostile. He has further contended that the complainant is not turning up and trial is delayed on that account. It has also been mentioned in the F.I.R. that the accused to shot dead with his rifle, the brother of the complainant. At that time one co-accused Vinod was also with the applicant.

In the circumstances, the application for bail is liable to be rejected.

The bail application is hereby rejected. However,  learned Trial Court is directed to expedite the hearing of the case and proceed under Section 309 Cr.P.C. It is expected that the accused shall cooperate in speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of two months from the date of receipt of this order. Learned Trial Court is further directed to take necessary coercive steps against the witnesses if necessary to conclude the trial within stipulated time. In case the Trial is not concluded within the prescribed time then the concerned Court shall submit a report explaining the reasons for delay.

Copy of this order be sent to learned Trial Court within a week.

Dated : 13.9.2005

RKS/11397/05

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