- Court
- High Court of Judicature at Allahabad
- Decided
- 6 November 2023
- Case no.
- BAIL 46185/2023
Judgment
Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46185 of 2023 Applicant :- Abhay Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A., Ashish Pandey Hon'ble Pankaj Bhatia,J.
¶1Heard the counsel for the applicant and Sri Ashish Pandey the counsel for the respondents NCB.
¶2The applicant seeks bail in case crime no.09 of 2020 under sections 8C, 17C, 18, 19 NDPS Act, P.S. Narcotics Control Bureau (NCB) Lucknow District Lucknow.
¶3The counsel for the applicant argues that the applicant is in custody since
19.03.2020 and only one of the five witnesses proposed to be examined has been examined so far. In short he argues that the right of speedy trial of the applicant is getting adversely affected and the applicant cannot continue indefinitely in custody.
¶4The counsel for the respondents on the other hand draws my attention to the order dated 16.05.2022 passed in Bail No.3486 of 2022, wherein this court on an application filed by the co-accused had directed the trial to be completed within a period of two years.
¶5In the present case also, the counsel for the respondents argues that they shall endevour to adduce the evidence of the other witnesses proposed to be relied upon within a period of three months from today.
¶6In view of the said statement, the present petition is disposed off directing the trial court to record the statement of the prosecution witnesses other than the witnesses who has already been examined and endevour shall be made to conclude the trial within the time granted by this Court while deciding the bail application no.3486 of 2022 in its order dated 16.05.2022.
¶7In case the statement of the other four witnesses are not examined within a period of three months, the applicant would be at liberty to approach this court by filing a fresh application.
¶8With the said observations, the bail application stands disposed off. Order Date :- 7.11.2023 VNP/- High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.