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Judgment
5 paragraphs · 210 wordsNarendra Nath Tiwari, J.—The Petitioner is an accused in the case registered for the offence u/s 302/34 of the Indian Penal Code.
Learned Counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the case; there is no cogent material against him; one of the co-accused-Baby @ Najma Khatoon has been granted bail by this Court; he is in custody since September,2008; there is no likelihood of conclusion of trial in near future.
Learned APP opposed the prayer for bail of the Petitioner and submitted that there is direct allegation and several materials against him; earlier the Petitioner''s similar prayer was rejected on merit; several witnesses have been examined; the trial is in progress and the same is likely to be concluded shortly.
Regard being had to the nature of allegation and also the stage of the case, I am not inclined to release the above named Petitioner on bail. Accordingly, the prayer for bail of the above named Petitioner is rejected.
However, since the Petitioner is in custody for more than two years, the trial shall be expedited. If the trial is not concluded by 31st August, 2011, the Petitioner shall be at liberty to pray for bail before learned court below.