Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12308 of 2018 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ratan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ratan Singh, counsel for the applicant, learned A.G.A. and perused the rejection order.
The present bail application has been filed by the applicant in Case Crime No. 316 of 2017, u/s 364, 302, 201, 120-B, 147 I.P.C., P.S. Kotwali Dehat Etah, District Etah with the prayer for enlarging him on bail.
Learned counsel for the applicant submitted that the applicant is wholly innocent and he was even not named in the F.I.R.; in the F.I.R. three other co-accused namely Jitendra @ Bhoora, Ajay Singh @ Topa and Dharmendra Singh @ Moola were nominated, who had taken the deceased along with them on 10.5.2017 at 8.30 pm, when the deceased did not return back the present F.I.R. has been lodged by father of the deceased Avnesh Kumar in the morning at 6.50 am. It is argued that the first informant in his statement u/s 161 Cr.P.C. has merely laid suspicion on the applicant that he is also involved in hatching conspiracy of murder of his son, therefore, the applicant, who is also disabled person having handicapped 45% may be enlarged on bail and he is in jail since 11.5.2017.
Per contra learned A.G.A. opposed the prayer for bail and submitted that after registration of the F.I.R. police swung into action and on 11.5.2017 at about 1.25 pm the applicant and three other carrying the dead body mutilated head and legs of the deceased were recovered in a sack from the tractor and prima facie role of the applicant in the present brutal murder is established, therefore, he is not entitled to be enlarged on bail.
Having heard learned counsel for the applicant, learned AGA for the State and considering the nature and gravity of offence, I do not find it to be a fit case for enlarging the applicant on bail. The bail application is, accordingly, rejected.
Considering the fact that the applicant is in jail since 11.5.2017, the trial court is directed to expedite the trial and conclude the same preferably within the period of nine months from the date of production of the certified copy of this order before the trial court.
Order Date :- 31.7.2019 Dhirendra/