Ansar Ahmad v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48931 of 2023 Applicant :- Ansar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2This is the third bail application moved on behalf of the accused applicant-Ansar Ahmad involved in case crime number 111 of 2022, under Section 3/5/8 of Cow Slaughter Act, Police Station Sultanpur Ghosh, District-Fatehpur.

¶3The main ground taken as new and additional ground is that co-accused of this case, Pappu & Salman have been granted regular bail by the coordinate Bench of this Court and since, the present applicant has the same role, he is entitled for bail.

¶4A perusal of the first rejection order dated 21.10.2022 passed in Criminal Misc. Bail Application No.44513 of 2022 goes to show that the bail order was passed on merits and on the same ground, the second bail application of the applicant being Criminal Misc. Bail Application No.52168 of 2022 was also rejected and in the second bail application, the ground for grant of bail of co-accused, Pappu has also been taken and considered and the second bail application was also rejected by this Court vide order dated

12.01.2023. Except long incarceration period of the applicant and non submission of FSL report on record, no new and additional ground has been taken by the applicant in the present third bail application.

¶5In my view, the new and additional ground taken by the applicant in the third bail application is not convincing or satisfactory for grant of bail of the present applicant.

¶6Hence, the third bail application of the accused-applicant deserves to be rejected.

¶7Accordingly, the third bail application of the accused applicant is hereby rejected.

¶8However, one more submission has been made that the trial is still pending before the trial court without any proceedings whereas in the order dated 12.01.2023, the trial court was directed to make all possible endeavour to expedite the trial of the case and to conclude it as early as possible.

¶9The trial court is directed to hear and decide the present case as expeditiously as possible, without granting any unnecessary adjournment to any of the parties, and if possible within a period of six months from the date of production of certified copy of this order. Order Date :- 17.11.2023 Shivangi High Court of Judicature at Allahabad