DANISH Vs. STATE OF U.P.

JUDGEMENT

(1.) Applicant-Danish seeks bail in Case Crime No. 765 of 2009, under section 302 IPC, Police Station Sasni Gate, District Aligarh.

(2.) Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record and also perused the order sheet of the trial court.

(3.) It is argued by learned counsel for the applicant that despite the order passed by this Court dated 26.07.2010 for expeditious disposal of the trial, the same has not yet been concluded. He further argued that till date not a single prosecution witness could be examined and the applicant cannot be saddled with the responsibility of delaying the trial. He is languishing in jail since 15.01.2010, thus the applicant deserves to be released on bail at this stage. There is nothing more painful than to observe that after committal proceeding the instant case has been deferred on several dates for want of prosecution witness. The trial court inseisin with the matter has not realized the pains, agony and anguish, the accused-applicant passing through in jail. The order sheet produced by learned counsel for the applicant also goes to show that the trial court has not even shown any anxiety to procure or ensure the attendance of the prosecution witness. Indisputedly the applicant cannot be saddled with the responsibility of delaying the trial.