Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7312 of 2020 Applicant :- Amit Alias Bhura Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar,Birendra Singh Khokher Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard leaned counsel for the applicant, learned A.G.A. for the State-respondent and perused the material brought on record.
The present bail application has been filed by the applicant in case crime No. 255/2014 (S.T. No. 17/2016), under Sections 302, 404,, 120-B IPC, police station Singhawali Aheer, District Baghpat with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that the incident relates to the year 2014 and the Session Trial is pending since 2016 and that most of the prosecution witnesses have already been examined but the trial has not yet been concluded, whereas applicant is in judicial custody since 04.04.2015 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. It was lastly submitted that merely on the basis of criminal history of applicant, bail application of applicant must not be rejected.
On the other hand, learned A.G.A. has opposed the prayer for bail and argued that the applicant has criminal history of 47 cases.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, criminal history of applicant and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Amit Alias Bhura is rejected.
However, keeping in view the period of detention of the applicant and also considering the fact that most of the prosecution witnesses have already been examined, learned Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of nine months from the date of production of a copy of this order.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 16.8.2021 Anand