Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20548 of 2018 Applicant :- Aakil Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Mukesh Kumar, learned counsel for the applicant, Sri O.P. Singh, learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that he assaulted Nafiz with sharp-edged weapon (gandasa) on head, resultantly died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to previous enmity. Applicant has been implicated in this case only on the basis of last seen evidence. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.1.2018 (four and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that F.I.R. was lodged promptly. Main role was assigned to the applicant who was alone accused in this case. Deceased received two incised would injuries on head due to which he died.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Aakil involved in Case Crime No. 27 of 2018 (S.T. No. 29 of 2018), under Section 302 IPC, Police Station Farrukhabad, District Farrukhabad is hereby rejected.
Trial court is directed to decide this case according to Section 309 Cr.P.C., expeditiously.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.5.2018 A. Singh