Danial vs State of Uttarakhand

Heard Mr. Pawan Mishra, Advocate for the applicant and Ms. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The applicant is in jail and has been accused in trial under Sections 364A, 368 and 120B of IPC. The applicant is in jail since 01.12.2014.

This is the fourth bail application on behalf of the applicant. Presently, the trial is going on. The allegation against the applicant is that he had kidnapped a 17 years old boy for ransom.

Learned counsel for the applicant relies upon the decision of Division Bench of Allahabad High Court in the case of Nanha Vs. State of U.P., reported in 1993 CRI. L. J. 938, on consideration of this judgment, the second bail was granted in some cases, however, considering the nature of the present case and the stage of trial, this Court is not inclined to interfere in the present bail application.

Without saying anything on the merit of the case, this Court is not inclined to release the applicant on bail. Bail application is rejected.

However, it is directed that the trial be expedited, in accordance with law, without granting any unnecessary adjournments to any of the parties. It is further directed that court below shall make all possible efforts to complete the trial through day to day hearing in letter and spirit of Section 309 of Cr.P.C.

It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.