Zabbar v. State of U.P.) for non prosecution. The second bail application of the

2. Heard Sri Javed Khan, learned counsel for the applicant and Sri Jitendra Singh, learned counsel for the State and perused the material on record.

3. This is third bail application of the applicant. The first bail application of the applicant was dismissed in non prosecution by this Court vide order dated 11.11.2021 passed in Criminal Misc. Bail Application No. 35985 of 2021 (Zabbar vs. State of U.P.) for non prosecution. The second bail application of the applicant was rejected by this Court vide order dated 16.02.2022 passed in Criminal Misc. Bail Application No. 50418 of 2021 (Zabbar vs. State of U.P.).

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Zabbar, seeking enlargement on bail during trial in connection with Case Crime No. 275 of 2019, under Sections 302, 120-B, 34 I.P.C., registered at Police Station Najibabad, District Bijnor.

5. Learned counsel for the applicant at the very outset submits that the sole ground is regarding the delay of trial in as much as there are 84 witnesses in all out of whom only 07 witnesses have been examined by the trial court till date. It is further submitted that charge in the matter was framed against the applicant vide order dated 14.09.2021 and then the trial had started. It is submitted that looking to the number of witnesses and the pace of trial, the trial will take lot of time. Learned counsel has further placed before the Court paragraph 34 of the affidavit and submitted that the applicant is involved in 14 cases but his implication in the said cases is false. The applicant is in jail since 19.10.2019.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the second bail of the applicant has been rejected by a detailed order by this Court. It is submitted that as per his instructions the applicant has criminal history of 14 cases. While deciding the second bail the details of only 11 cases were brought to the notice of this Court. It is submitted that the trial is under progress in which 07 witnesses have been examined which goes to show that the same is proceeding. It is further submitted that there is no fresh and new ground in the present bail application.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the first bail application of the applicant was dismissed for non prosecution. The second bail application of the applicant was rejected by this Court vide order dated 16.02.2022, the same reads as under:- "Heard Sri Mohd. Farooq, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 11.11.2021 passed in Criminal Misc. Bail Application No. 35985 of 2021 (Zabbar vs. State of U.P.) for non prosecution. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Zabbar, seeking enlargement on bail during trial in connection with Case Crime No. 275 of 2019, under Sections 302, 120-B, 34 I.P.C., registered at Police Station Najibabad, District Bijnor. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the first information report. The name of the applicant has surfaced in the confessional statement of co-accused Danish to the police after which the applicant was arrested and has been implicated. It is argued that co-accused Aslam; Khursheed; Mukeem; Shahalam; Danish; Asif; Afzal; Irshad; Danish @ Sonu; Iqrar; Daud; Danish has been granted bail by co-ordinate Benches of this Court vide orders dated 11.02.2020, 14.02.2020, 26.02.2020, 28.02.2020, 04.03.2020, 05.03.2020, 09.06.2020, 11.06.2020, 31.08.2020, 07.09.2020, 04.11.2020, 19.07.2021 passed in Criminal Misc. Bail Application Nos. 56585 of 2019, 7045 of 2020 the copy of the said order is annexed as Annexure-11 to the affidavit. It is further argued that the applicant is reported to be having criminal history of 11 cases out of which 06 are previous case and has been implicated in 05 cases after the present case. The disclosure and explanation is given in paragraph 32 of the affidavit. The applicant is in jail since 19.10.2019. There is no credible evidence against the applicant. Per contra, learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is a hardened criminal involved in as many as 11 cases. Even a case under the Gangsters Act has been lodged against him in the year 2020 and his implication has come in the present matter during investigation. After having heard the learned counsel for the parties and perusing the record, it is evident that the applicant has criminal history of 11 cases which are as follows:- (i) Case Crime No. 1007 of 2016, under Sections 302, 34, 452 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Najibabad, District Bijnor. (ii) Case Crime No. 883 of 2016, under Sections 307, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Najibabad, District Bijnor. (iii) Case Crime No. 532 of 2016, under Sections 386, 147, 307, 504, 506, 435 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Najibabad, District Bijnor. (iv) Case Crime No. 76 of 2020, under Section 3(1) of U.P. Gangster Act, Police Station Najibabad, District Bijnor. (v) Case Crime No. 933 of 2017, under Sections 25/27 Arms Act, Police Station Najibabad, District Bijnor. (vi) Case Crime No. 60 of 2014, under Sections 457, 380, 411 I.P.C., Police Station Najibabad, District Bijnor. (vii) Case Crime No. 178 of 2019, under Sections 186, 353, 347 I.P.C. and Section 25/27 Arms Act, Police Station Special Cell Lodhi Colony, New Delhi. (viii) Case Crime No. 471 of 2019, under Sections 174-A I.P.C., Police Station Najibabad, District Bijnor. (ix) Case Crime No. 488 of 2019, under Sections 386 I.P.C., Police Station Kotwali Nagar, District Bijnor. (x) Case Crime No. 925 of 2019, under Sections 387 I.P.C., Police Station Kotwali Nagar, District Bijnor. (xi) Case Crime No. 233 of 2017, under Sections 174-A I.P.C., Police Station Najibabad, District Bijnor. In the cases mentioned at serial no. i, ii, iii and v, the applicant has been granted bail. In the other cases, it is stated that the applicant has not moved bail application yet. One case of 2016 is under Section 302 I.P.C. The present case is a repeated offence. Looking to the criminal history of the applicant, I do not find it a fit case for bail, hence, the bail application is rejected."

8. Now there is disclosure by the applicant that he is involved in 14 criminal cases. The details of the cases are as under:- "(i) Case Crime No. 1007 of 2016, Police Station Najibabad, District Bijnor. (ii) Case Crime No. 883 of 2016, Police Station Najibabad, District Bijnor. (iii) Case Crime No. 925 of 2019, Police Station Kotwali Nagar, District Bijnor. (iv) Case Crime No. 532 of 2016, Police Station Najibabad, District Bijnor. (v) Case Crime No. 933 of 2017, Police Station Najibabad, District Bijnor. (vi) Case Crime No. 233 of 2017, Police Station Najibabad, District Bijnor. (vii) Case Crime No. 488 of 2019, Police Station Kotwali Nagar, District Bijnor. (viii) Case Crime No. 633 of 2019, Police Station Syohara, District Bijnor. (ix) Case Crime No. 471 of 2019, Police Station Najibabad, District Bijnor. (x) Case Crime No. 1124 of 2019, Police Station Kotwali Nagar,, District Bijnor. (xi) Case Crime No. 60 of 2014, Police Station Najibabad, District Bijnor. (xii) Case Crime No. 677 of 2014, Police Station Najibabad, District Bijnor. (xiii) Case Crime No. 76 of 2020, Police Station Najibabad, District Bijnor. (xiv) Case Crime No. 178 of 2019, Police Station Special Cell Lodhi Colony, New Delhi."

9. Previously while deciding the second bail application the disclosure was of 11 cases. The trial in the matter is under progress in which 07 witnesses have been examined. There is no new & fresh ground.

10. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected.

11. However, since the trial is of the year 2019 and the applicant is the accused, it is provided that the applicant may file an application for expeditious disposal of the trial of the case before the court concerned within two weeks from today, which may as per its load of work, diary and pendency of cases, pass appropriate orders on the same.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 7.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Javed Khan, learned counsel for the applicant and Sri Jitendra Singh, learned counsel for the State and perused the material on record.

3. This is third bail application of the applicant. The first bail application of the applicant was dismissed in non prosecution by this Court vide order dated 11.11.2021 passed in Criminal Misc. Bail Application No. 35985 of 2021 (Zabbar vs. State of U.P.) for non prosecution. The second bail application of the applicant was rejected by this Court vide order dated 16.02.2022 passed in Criminal Misc. Bail Application No. 50418 of 2021 (Zabbar vs. State of U.P.).

4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Zabbar, seeking enlargement on bail during trial in connection with Case Crime No. 275 of 2019, under Sections 302, 120-B, 34 I.P.C., registered at Police Station Najibabad, District Bijnor.

5. Learned counsel for the applicant at the very outset submits that the sole ground is regarding the delay of trial in as much as there are 84 witnesses in all out of whom only 07 witnesses have been examined by the trial court till date. It is further submitted that charge in the matter was framed against the applicant vide order dated 14.09.2021 and then the trial had started. It is submitted that looking to the number of witnesses and the pace of trial, the trial will take lot of time. Learned counsel has further placed before the Court paragraph 34 of the affidavit and submitted that the applicant is involved in 14 cases but his implication in the said cases is false. The applicant is in jail since 19.10.2019.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the second bail of the applicant has been rejected by a detailed order by this Court. It is submitted that as per his instructions the applicant has criminal history of 14 cases. While deciding the second bail the details of only 11 cases were brought to the notice of this Court. It is submitted that the trial is under progress in which 07 witnesses have been examined which goes to show that the same is proceeding. It is further submitted that there is no fresh and new ground in the present bail application.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the first bail application of the applicant was dismissed for non prosecution. The second bail application of the applicant was rejected by this Court vide order dated 16.02.2022, the same reads as under:- "Heard Sri Mohd. Farooq, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 11.11.2021 passed in Criminal Misc. Bail Application No. 35985 of 2021 (Zabbar vs. State of U.P.) for non prosecution. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Zabbar, seeking enlargement on bail during trial in connection with Case Crime No. 275 of 2019, under Sections 302, 120-B, 34 I.P.C., registered at Police Station Najibabad, District Bijnor. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the first information report. The name of the applicant has surfaced in the confessional statement of co-accused Danish to the police after which the applicant was arrested and has been implicated. It is argued that co-accused Aslam; Khursheed; Mukeem; Shahalam; Danish; Asif; Afzal; Irshad; Danish @ Sonu; Iqrar; Daud; Danish has been granted bail by co-ordinate Benches of this Court vide orders dated 11.02.2020, 14.02.2020, 26.02.2020, 28.02.2020, 04.03.2020, 05.03.2020, 09.06.2020, 11.06.2020, 31.08.2020, 07.09.2020, 04.11.2020, 19.07.2021 passed in Criminal Misc. Bail Application Nos. 56585 of 2019, 7045 of 2020 the copy of the said order is annexed as Annexure-11 to the affidavit. It is further argued that the applicant is reported to be having criminal history of 11 cases out of which 06 are previous case and has been implicated in 05 cases after the present case. The disclosure and explanation is given in paragraph 32 of the affidavit. The applicant is in jail since 19.10.2019. There is no credible evidence against the applicant. Per contra, learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is a hardened criminal involved in as many as 11 cases. Even a case under the Gangsters Act has been lodged against him in the year 2020 and his implication has come in the present matter during investigation. After having heard the learned counsel for the parties and perusing the record, it is evident that the applicant has criminal history of 11 cases which are as follows:- (i) Case Crime No. 1007 of 2016, under Sections 302, 34, 452 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Najibabad, District Bijnor. (ii) Case Crime No. 883 of 2016, under Sections 307, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Najibabad, District Bijnor. (iii) Case Crime No. 532 of 2016, under Sections 386, 147, 307, 504, 506, 435 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Najibabad, District Bijnor. (iv) Case Crime No. 76 of 2020, under Section 3(1) of U.P. Gangster Act, Police Station Najibabad, District Bijnor. (v) Case Crime No. 933 of 2017, under Sections 25/27 Arms Act, Police Station Najibabad, District Bijnor. (vi) Case Crime No. 60 of 2014, under Sections 457, 380, 411 I.P.C., Police Station Najibabad, District Bijnor. (vii) Case Crime No. 178 of 2019, under Sections 186, 353, 347 I.P.C. and Section 25/27 Arms Act, Police Station Special Cell Lodhi Colony, New Delhi. (viii) Case Crime No. 471 of 2019, under Sections 174-A I.P.C., Police Station Najibabad, District Bijnor. (ix) Case Crime No. 488 of 2019, under Sections 386 I.P.C., Police Station Kotwali Nagar, District Bijnor. (x) Case Crime No. 925 of 2019, under Sections 387 I.P.C., Police Station Kotwali Nagar, District Bijnor. (xi) Case Crime No. 233 of 2017, under Sections 174-A I.P.C., Police Station Najibabad, District Bijnor. In the cases mentioned at serial no. i, ii, iii and v, the applicant has been granted bail. In the other cases, it is stated that the applicant has not moved bail application yet. One case of 2016 is under Section 302 I.P.C. The present case is a repeated offence. Looking to the criminal history of the applicant, I do not find it a fit case for bail, hence, the bail application is rejected."

8. Now there is disclosure by the applicant that he is involved in 14 criminal cases. The details of the cases are as under:- "(i) Case Crime No. 1007 of 2016, Police Station Najibabad, District Bijnor. (ii) Case Crime No. 883 of 2016, Police Station Najibabad, District Bijnor. (iii) Case Crime No. 925 of 2019, Police Station Kotwali Nagar, District Bijnor. (iv) Case Crime No. 532 of 2016, Police Station Najibabad, District Bijnor. (v) Case Crime No. 933 of 2017, Police Station Najibabad, District Bijnor. (vi) Case Crime No. 233 of 2017, Police Station Najibabad, District Bijnor. (vii) Case Crime No. 488 of 2019, Police Station Kotwali Nagar, District Bijnor. (viii) Case Crime No. 633 of 2019, Police Station Syohara, District Bijnor. (ix) Case Crime No. 471 of 2019, Police Station Najibabad, District Bijnor. (x) Case Crime No. 1124 of 2019, Police Station Kotwali Nagar,, District Bijnor. (xi) Case Crime No. 60 of 2014, Police Station Najibabad, District Bijnor. (xii) Case Crime No. 677 of 2014, Police Station Najibabad, District Bijnor. (xiii) Case Crime No. 76 of 2020, Police Station Najibabad, District Bijnor. (xiv) Case Crime No. 178 of 2019, Police Station Special Cell Lodhi Colony, New Delhi."

9. Previously while deciding the second bail application the disclosure was of 11 cases. The trial in the matter is under progress in which 07 witnesses have been examined. There is no new & fresh ground.

10. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected.

11. However, since the trial is of the year 2019 and the applicant is the accused, it is provided that the applicant may file an application for expeditious disposal of the trial of the case before the court concerned within two weeks from today, which may as per its load of work, diary and pendency of cases, pass appropriate orders on the same.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 7.7.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad