Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37100 of 2017 Applicant :- Akhilesh Dhobi Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that during trial witnesses of fact PW-1 and PW-2 have not supported the prosecution version and turned hostile; applicant is languishing in jail since 4.10.2015, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that main role of causing firearm injury is assigned to the applicant; postmortem report supports the prosecution version; applicant is having criminal antecedents of seven cases and the assault weapon was recovered on the pointing out of the applicant; it is not in public interest to enlarge the applicant on bail at this stage.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Akhilesh Dhobi involved in S.T. No. 17 of 2016 in Case Crime No. 489 of 2015, under Sections 302/34 IPC, P.S. Sipari Bazar, District Jhansi.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 21.8.2018 S.Prakash