Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7224 of 2018 Applicant :- Anurag Alias Annu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Kumar Singh,Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri I.K.Chaturvedi, Advocate has filed parcha on behalf of the applicant is taken on record.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 1423 of 2017, under Section 302 IPC, P.S. Vijaynagar, District Ghaziabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is sole accused named in the FIR, though the case of the applicant is based upon the circumstantial evidence but the post mortem report reveals that the injured has sustained as many as ten incised wounds on his person. Besides above on page 48 there is a disclosure as well as recovery of blood stained dagger at the pointing out of the applicant. Learned counsel for the applicant has drawn the attention of the Court to the inquest report. It is submitted by Sri Mohit Singh, learned counsel for the applicant that the inquest report contains a lot of interpolation and after thought causing a serious doubt about the involvement of the applicant in the present crime in question.
Per contra learned AGA opposed the prayer for bail.
Keeping in view that the applicant is named in the FIR and post mortem report supports the case, I do not find any good reason to enlarge the applicant on bail, accordingly, the bail application is hereby rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant by 31.12.2018 without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove the applicant may move fresh application before this Court.
Subject to aforesaid direction, this application is disposed of.
Order Date :- 26.2.2018 Abhishek Sri.