GYANI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is the fourth bail application moved on behalf of the applicant Gyani, who is involved in Case Crime No. 150 of 2007 (S.T.No.379/07) under Sections 302, 307 IPC, P.S. Dankaur, District Gautambudh Nagar. The first bail application was rejected by this Court on merits and the second & third were rejected in non-prosecution.

(2.) CERTAIN facts relating to this case need a mentioning here. The applicant is in jail since 28.4.2007. An FIR was registered against him and three other persons under Sections 302, 307 IPC at P.S. Dankaur, district Gautambudh Nagar in which the applicant was arrested and his first bail was rejected by this Court on merits. I have heard learned counsel for the parties and perused the record.

(3.) AS mentioned above, the case pending before the Court of learned Magistrate is the cross-case of the case in which the applicant is an accused. AS a consequence all the proceedings of the cross case were stayed and are stayed till date as is informed by the learned counsel for the applicant. This factum has not been denied by the learned AGA. Now the position in the entire case is that the trial in which the applicant is an accused which is virtually ripe now, cannot be decided because this Court has ordered that the relevant sessions trial should be disposed of with the cross case. The proceeding of the cross case has been stayed by this Court as a consequence the sessions trial has also been stayed, though there is no direct order for the same.