Neutral Citation No.

- 2023:AHC-LKO:7306

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2048 of 2022

Applicant :- Sarifuddin (Second Bail)

Opposite Party :- State Of U.P.Thru.Prin.Secy.Homelko
Counsel for Applicant :- Rajat Pratap Singh
Counsel for Opposite Party :- G.A.,Anil Kumar Singh

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned A.G.A for the
State of U.P., learned counsel for the complainant and perused
the record.

The present bail application has been filed on behalf of the

applicant in Case Crime No.0115 of 2021, under Sections 304,
34, 452, 323, 504, 506 I.P.C., Police Station-Kotwali Dehat,
District-Hardoi, with the prayer to enlarge him on bail.

The submission of learned counsel for the applicant is that the

applicant is an innocent person and has been falsely implicated
in the case, he is having no previous criminal history and in jail
since 15.02.2021. It is further submitted on behalf of applicant
that till today only one witness has been examined before the
trial court. He further submitted that general allegations have
been levelled against all the accused persons. In these
circumstances, the applicant is entitled for bail. In case of being
enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. as well as learned counsel for the complainant

opposed the prayer for grant of bail to the applicant and
submitted that accused persons were not cooperating and on
05.04.2022 last opportunity was given for appearance of all the
accused persons, and thereafter, charge was framed and due to
non cooperation, trial could not be proceeded. They further
submitted that accused persons assaulted the blind person,
therefore, applicant is not entitled for bail.

Considering the rival submissions of learned counsel for the

parties and going through the contents of FIR, other relevant
documents as well as statement of P.W.1, I find no good ground
to grant of bail to the applicant.

Accordingly, the bail application is hereby rejected.

Trial court is directed to conclude the trial of the present case

within a period of one year without granting unnecessary
adjournment to either of the parties.
Office is directed to communicate this order to the trial court,
forthwith.

Order Date :- 25.1.2023

Amit/-