LAWS(ALL)-2009-5-815

JAIDEV Vs. STATE OF U P

Decided On May 28, 2009
JAIDEV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) IN this second bail application, prayer for bail has been made on behalf of applicant Jaidev S/o Raja Ram, who is facing trial in the court of Additional Sessions Judge, Court No. 10, Bareilly, in S.T. No. 1210 of 2007, arising out of Case Crime No. 2278 of 2006, under Section 364A, I.P.C., P. S. Prem Nagar, district Bareilly.

(2.) THE first bail application bearing No. 19701 of 2007 was not decided on merit and the same was rejected being not pressed, vide order dated 18.3.2008.

(3.) THE main submission made by learned counsel for the applicant was that the applicant is in jail since 5.11.2006, but his trial has not concluded and hence, on this ground, the applicant deserves bail, as due to delay in trial, fundamental right of speedy trial of the applicant envisaged under Article 21 of the Constitution is being infringed.