KARAM ALLAHI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Aushim Luthra and Sri Anurag Vajpeyi, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State.

(2.) By way of the instant application u/S 482 Cr.P.C.(hereinafter referred as 'the Code'), the applicant has prayed for setting-aside the order dtd. 19/7/2023, passed by the Court of Civil Judge, Sr. Division, Fast Track Court, Additional Judicial Magistrate, Gautam Buddh Nagar, in Case No. 6781 of 2021 (State of U.P. vs. Karam Allahi and others), arising out of the Case Crime No. 129 of 2021 u/S 420, 467, 648, 471, 120-B I.P.C. and 4/20/21/25 of Indian Telegraph Act, P.S.- Phase-3 Noida, District- Gautam Buddh Nagar.

(3.) Learned Senior Counsel appearing for the applicant submits that in the instant case, the applicant herein was arrested on 10/2/2021. Since then, he is in custody. His earlier bail application was initially rejected on 9/7/2021 and the second bail application moved by the applicant was rejected by a detailed order dtd. 18/11/2022. The instant application has been filed by the applicant herein u/S 437(6) of the Code, which provides that if in a case triable by a Magistrate, if the trial of a person accused of any non-bailable offence is not concluded within a period of 60 days from the first date fixed for taking evidence, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for the reasons to be recorded in writing, the Magistrate otherwise directs.