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Judgment
G.S. Ahluwalia, J
This is 12th application filed under Section 439 of Cr.P.C. for grant of bail. The eleventh application was dismissed by order dated 09.11.2021 passed
in M.Cr.C. No.51110/2021.
The applicant has been arrested on 08/01/2018 in connection with Crime No.17/2018 registered at Police Station Mau, District Bhind for offence
under Sections 376(D), 120(B) and 506 of IPC and Sections 67, 67(A) and 67(B) of I.T. Act.
This application has been filed for grant of temporary bail in the wake of COVID-19 pandemic.
It is submitted by Counsel for applicant that applicant is in jail from 08.01.2018. It is further submitted that earlier this Court by order dated 24.02.2021
passed in M.Cr.C. No.5508/2021 had directed the Trial Court to conclude the trial within a period of six months from the date of receipt of certified
copy of the said order. However, the applicant could not produce the copy of said order before the Trial Court, and accordingly, eleventh application
was dismissed by this Court by order dated 09.11.2021 passed in M.Cr.C. No.51110/2021.
Thereafter, the applicant has produced the copy of order dated 24.02.2021 on 29.11.2021. Furthermore, the period of six months has not expired from
29.11.2021.
From the order sheets which have been placed on record, it is clear that now the Trial Court is also not giving long dates and is fixing the trial at the
earliest possible dates. However, it is also clear that some of the witnesses are not turning up in spite of the service of summons.
Accordingly, the Superintendent of Police, Bhind is directed to ensure that the summons/bailable warrants/warrants issued against the witnesses are
not only executed positively but shall also ensure that the prosecution witnesses appear before the Trial Court.
As no case is made out for grant of temporary bail, the application fails and is hereby dismissed.