High Courts(2009) 10 AHC CK 0113

Ramu Singh vs State of U.P.

Allahabad High Court · Decided on 14 October 2009

HON’BLE JUDGES
S.K.Jain, J
CASE NUMBER
Criminal Miscellaneous Bail Application No. 7104 of 2009

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Judgment

6 paragraphs · 242 words

S.K. Jain, J.

This is the third bail application on behalf of the applicant. The first bail application no.22050 of 2007 was dismissed on merit vide order dated 19.4.2008 passed by Hon''ble S.C. Nigam, J. The second bail application no.24435 of 2008 was dismissed for want of prosecution on 17.10.2008. The present bail application has been nominated to this Court by Hon''ble the Chief Justice vide order dated 25.8.2009.

Learned counsel for the applicant has submitted that during trial three witnesses have been declared hostile. The testimony of P.W.6 Jameel is not reliable, as he, in his examinationinchief, stated that there is a chabootra in front of his house and in his crossexamination he says that there is no chabootra in front of his house and the house of Waheed.

Learned A.G.A. submitted that on the basis of above, the testimony of this witness cannot be discarded. He has fully supported the prosecution story. The law is settled on the point that if the testimony of single witness is reliable, conviction can take place.

In view of the above, I do not find any merit in this bail application. The prayer for bail of the accusedapplicant is declined and the bail application is rejected.

However, the trial court is directed to expedite the trial of the applicant and conclude the same preferably within a period of three months from the date of copy of this order is produced before the trial court.