Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40689 of 2015 Applicant :- Amit Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Ji Mishra,Adesh Kumar,Avnish Kumar Srivastava,Kaushal Kumar Pandey,P.K.Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Kamal Krishna learned Senior Counsel holding brief of Sri Adesh Kumar appearing for the applicant and Smt. Manju Thakur, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 385 of 2015, under Section 302 I.P.C., P.S. Medical, District-Meerut and is in jail since 28.7.2015, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the FIR of the incident was lodged after recovery of the dead body of deceased-Gaurab. The applicant was named in the FIR on the basis of suspicion. He next submitted that there is no direct evidence on record indicating complicity of the applicant. The circumstantial evidence on record does not unequivocally points at the guilt of the applicant. The alleged recovery of the scooty from the applicant's possession and weapon of crime at the pointing out of the applicant has apparently been fabricated by the police. The applicant has no criminal antecedent and he is languishing in jail since 28.7.2015 and he is entitled to be released on bail.
Per contra Smt. Manju Thakur, learned AGA opposed the prayer for bail and submitted that the applicant was arrested by the police with the possession of the deceased's scooty and on his pointing out the crime weapon along with empty and live cartridge were recovered. The scooty of the deceased has been supported by independent witness Rohit and Jitendra on their statement recorded under Section 161 Cr.P.C. The postmortem report fully corroborates the prosecution case that the deceased was shot dead. Hence the applicant is not entitled to be released on bail.
Having heard learned counsel for the parties, I am not inclined to enlarge the applicant on bail. The prayer for bail is refused.
The trial court is directed to expedite the trial and conclude the same within a period of four months from the date of production of a certified copy of this order.
Order Date :- 26.7.2018 Manish Tripathi