Geetam @ Gautam Singh v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55985 of 2022 Applicant :- Geetam @ Gautam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kamal,Vidya Sagar Dwivedi Counsel for Opposite Party :- G.A.,Praveen Kumar Singh,Syed Imran Ibrahim Hon'ble Vikram D. Chauhan,J.

¶1Heard learned counsel for the applicant, Sri Syed Imran Ibrahim, learned counsel for the complainant and the learned AGA for the State.

¶2The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.C-36 of 2007, under Sections 323, 504, 506 and 307 IPC, P.S. Malwan, District Etah.

¶3In the present case, the first information report was lodged on

28.10.2007 in respect of an incident dated 1.9.2007. The allegation against the applicant is that he has fired on the injured as a result of which, the injured has suffered firearm injury. The applicant has surrendered before the trial court on 3.11.2022.

¶4On a pointed query being made to the learned counsel for the applicant as to where the applicant was for such a long period from 2007 to 2022, he submits that the applicant went to Mathura for his livelihood.

¶5In the counter affidavit, the ordersheet of the trial court has been annexed, perusal of which shows that summons were issued against the applicant on 28.8.2009. Thereafter, bailable warrant and non-bailable warrant were issued and even proceedings under Section 82 Cr.P.C. have also been held. The applicant has been avoiding the process of law for more than 16 years. The explanation offered by the learned counsel for the applicant is not convincing.

¶6At this stage, learned counsel for the applicant submits that ends of justice would be met in case a direction is issued to the trial court to conclude the trial of the case in a time bound manner.

¶7Learned AGA as well as learned counsel for the complainant have no objection to the aforesaid prayer.

¶8Considering the facts and circumstances of the case and the fact that present is a very old matter, the trial court is hereby directed to proceed with the trial and conclude the same within a period of one year from the date of production of certified copy of this order without granting any unnecessary adjournment. The trial court shall not fix a date more than fifteen days in the trial proceedings.

¶9The Superintendent of Police, Etah is hereby directed to produce the prosecution witnesses before the trial court on the date fixed.

¶10The present bail application is disposed of, accordingly. Order Date :- 2.11.2023 Kuldeep High Court of Judicature at Allahabad